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FALLING SHORT

THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

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

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

Index: ASA 30/4933/2016 Original language: English amnesty.org

FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 551 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Underdecision Article to approve, 10 of the or not,Redevelopment the work being Law, taken the Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decisionincluding to deciding approve, on or thenot, location, the work size being and taken intended forward use by of thethe Capitalland for City a redevelopment Governor includingarea, approving deciding funding on the from location, the city size budget, and intended and monitoring use of the implementation. land for a redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these by the General Architect; councilroles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles.  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing amendments and revisions; Atcompliance the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local  Monitor processes related to urban development, land usage and protection; levelto cancel for selecting authorization areas forfor aredevelopment redevelopment and project implementing if they rule projects that the and tender has thepro cessauthority was tonot cancel carried authorization out in accordance for a redevelopment with the regulations. project 110if theyThe ruleMinistry that alsothe tenderarranges pro guidancecess was 110  Deliver an annual report on urban development activities to the Ministry of Construction notand carried support out for in urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program and plans at the state level. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to:

 Initiate projects based on the General Development Plan, Land Development Plan and 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March the sub-project general plans and implement those activities; 1102016. Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.  Resolve financing sources for projects and programs being implemented with local state funding; FALLING SHORT  Select a project implementer;

 Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; THE RIGHT TO ADEQUATE

 Ensure community participation by promoting and publicizing projects, programs and HOUSING IN plans to the public, and receive feedback and complaints;

 Implement regeneration activities in accordance with governmental orders; ULAANBAATAR, MONGOLIA

 Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 542 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

AmnestyCity Governor’s International responsibilities Publications are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together First published in 2016 by  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or Amnesty International Publications projects Organize based on activities, the sub -includingproject general allocation plans of and land development and implement projects;ation of development micro-districts, ger areas and old parts of the city. International Secretariat Peterprojects Benenson based House on the sub-project general plans and development projects; 1 EastonAppoint Street a General Architect for the capital city for a term of four years; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final London WC1XAppoint 0DW a General Architect for the capital city for a term of four years; decision to approve, or not, the work being taken forward by the Capital City Governor United Establish Kingdom a Department of Urban Development and Construction which must be headed including deciding on the location, size and intended use of the land for a redevelopment www.amnesty.org by the EstablishGeneral Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the

by the General Architect; council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these © Amnesty International Publications 2016  Oversee the development of the General Development Plan for the capital city and make roles.

Index:amendments ASAOversee 30/4933/2016 and the revisions; development of the General Development Plan for the capital city and make Originalamendments Language: English and revisions; At the national level, the MCUD is responsible for state-level policy and overseeing Printed Monitor by Amnesty processes International, related International to urban Secretariat, development, United Kingdom land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local  Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority [ISBN:]  Deliver an annual report on urban development activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was [ISSN:] 110 and UrbanDeliver Development. an annual report on urban development activities to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance

All andrights Urban reserved. Development. This publication is copyright, but may be reproduced by any and support for urban redevelopment and implements and monitors priority projects, program methodUnder without the Redevelopment fee for advocacy, campaigning Law Article and teaching11, the purposes, Capital but City not Governor’s responsibilities are to: and plans at the state level. forUnder resale. The the copy Redevelopmentright holders request Law that Article all such use11, be the registered Capital with City Governor’s responsibilities are to: them forInitiate impact assessmentprojects based purposes. on For the copying General in any Developmentother circumstances, Plan, Land Development Plan and or for reuse in other publications, or for translation or adaptation, prior written the subInitiate-project projects general based plans onand the implement General Developmentthose activities; Plan, Land Development Plan and permission must be obtained from the publishers, and a fee may be payable. the sub-project general plans and implement those activities; 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March To request permission, or for any other inquiries, please contact  Resolve financing sources for projects and programs being implemented with local state 2016. [email protected] funding; Resolve financing sources for projects and programs being implemented with local state Coverfunding; photo: Amnesty International  Select a project implementer;  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;  Ensure community participation by promoting and publicizing projects, programs and plans toEnsure the public, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Implement regeneration activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legalConcludeAmnesty entity. InternatioInternationala tripartitenal agreement is a global movementwith a citizen of more who than is the land and/or real estate owner and a 7legal million entity. supporters, members and activists in more than 150 Under Articlecountries 24.3, and the territories Capital who City campaign Governor to also end has grave the abuses authority to organize measures for theUnder continuationof Article human 24.3, rights.and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is declaredOur insolventvision is for by every the courts. person to enjoy all the rights enshrined The Ulaanbaatarin the Universal City Council’s Declaration role of isHuman primarily Rights to andmonitor other and ensure that the Capital City GovernorThe Ulaanbaatarinternational is fulfilling City human his/her Council’s rights responsibilities standards. role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)UnderWe Articl approves aree independent 8 of the the required Development of any development government, Law, the politicaland Ulaanbaatar redevelopment ideology, City Councildocumentation (and aimag, allocates city fundingcouncils) economicto resolve approves interest the the budget orrequired religion for urban development and aredevelopment funded and mainly redevelopment projects by our and plans documentation, monitors , allocates fundingmembership to resolve and the public budget donations. for urban development projects and plans, monitors

AMNESTY INTERNATIONAL

2.12.1 PopulationPopulation GrowthGrowth andand PollutionPollution inin UlaanbaatarUlaanbaatar ...... 21  Initiate projects based on the General Development Plan, Land Development Plan and 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March 110 the sub-project general plans and implement those activities; 2016.2.2 Amnesty The Redevelopment International interview Agenda with ...... Ministry of Construction and Urban Development, 14 March 23 2016.2.2 The Redevelopment Agenda ...... 23  Resolve financing sources for projects and programs being implemented with local state 2.3 Financing Redevelopment ...... 25 2.3 Financing Redevelopment ...... 25 funding; 3. Shortcomings ...... 27 3. Shortcomings ...... 27  Select a project implementer; 3.1 No Rights for Non-land Owners and Possessors ...... 27 3.1 No Rights for Non-land Owners and Possessors ...... 27  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; 3.2 Risk of Homelessness ...... 29 3.2 Risk of Homelessness ...... 29

 Ensure community participation by promoting and publicizing projects, programs and 3.3 Voluntary or Involuntary Resettlement ...... 31 3.3 Voluntary or Involuntary Resettlement ...... 31 plans to the public, and receive feedback and complaints; 3.4 Lack of Clarity on Redevelopment Procedures and Rights of Residents ...... 34 3.4 Lack of Clarity on Redevelopment Procedures and Rights of Residents ...... 34  Implement regeneration activities in accordance with governmental orders; 3.5 Right to Remedy ...... 35 3.5 Right to Remedy ...... 35  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner 4. Conclusion and Key Recommendations ...... 39 and a legal entity. 4. Conclusion and Key Recommendations ...... 39 4.1 Key Findings ...... 39 Under Article 24.3, the Capital City Governor also has the authority to organize measures for 4.1 Key Findings ...... 39 the continuation and completion of a project in cases where the project implementer is 4.2 Recommendations ...... 40 declared insolvent by the courts. 4.2 Recommendations ...... 40 Appendix: Mongolia’s Legal and Policy Framework for Redevelopment ...... 43 The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Appendix: Mongolia’s Legal and Policy Framework for Redevelopment ...... 43 Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. 1. National laws ...... 43 Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city councils) approves the required development and redevelopment documentation, allocates Urban1. National Development laws ...... Law and Urban Redevelopment...... Law ...... 43 funding to resolve the budget for urban development projects and plans, monitors Urban Development Law and Urban Redevelopment Law ...... 43

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 544 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 4 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projects MonitoringOrganize based on Dactivities,evelopment the sub -includingproject ...... general allocation plans of and land...... development and implement projects;ation...... of development 46 micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects;  2. AppointThe Redevelopment a General Architect Process for ...... the capital city for a...... term of four years; ...... 47 Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final  Appoint a General Architect for the capital city for a term of four years; decision to approve, or not, the work being taken forward by the Capital City Governor  OperationalEstablish a DepartmentProcedures forof UrbanGer A reaDevelopment Redevelopment and Construction ...... which must...... be headed 48 including deciding on the location, size and intended use of the land for a redevelopment by the EstablishGeneral Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the by Operationalthe General PArchitect;rocedures for Demolishing and Rebuilding Inadequate Public Housing not council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  COverseeomplying the with development Operational of Rtheequirements General Development ...... Plan for the...... capital city and make 51 roles. amendments Oversee and the revisions; development of the General Development Plan for the capital city and make amendments3. Key Authorities and revisions; ...... 53 At the national level, the MCUD is responsible for state-level policy and overseeing  Monitor processes related to urban development, land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local  Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority  Deliver an annual report on urban development activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was 110 and UrbanDeliver Development. an annual report on urban development activities to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance and Urban Development. and support for urban redevelopment and implements and monitors priority projects, program Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: and plans at the state level. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to:  Initiate projects based on the General Development Plan, Land Development Plan and the subInitiate-project projects general based plans onand the implement General Developmentthose activities; Plan, Land Development Plan and the sub-project general plans and implement those activities; 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March  Resolve financing sources for projects and programs being implemented with local state 2016. funding; Resolve financing sources for projects and programs being implemented with local state funding;  Select a project implementer;  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;  Ensure community participation by promoting and publicizing projects, programs and plans toEnsure the public, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Implement regeneration activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City GovernorThe Ulaanbaatar is fulfilling City his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city fundingcouncils) to resolve approves the the budget required for urban development development and redevelopment projects and plans documentation, monitors , allocates funding to resolve the budget for urban development projects and plans, monitors

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 555 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 5 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final UnderGLOSSARYdecision Article to approve, 10 of the or not,Redevelopment the work being Law, taken the Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decisionincluding to deciding approve, on or thenot, location, the work size being and taken intended forward use by of thethe Capitalland for City a redevelopment Governor includingarea,ADB approving deciding funding on the from location, the city size budget, and intended andAsian monitoring use Development of the implementation. land Bank for a redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council andAdministrative monitoringPresidium hasimplementation. division the authority of Mongolia toWhen fulfil the these Aimag by the General Architect; councilroles. is in recess, the Ulaanbaatar City Councilequivalent Presidium to has province the authority to fulfil these roles. Development Law The Urban Development Law  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing Ger Area Infrastructure Agency (formerly amendments and revisions; AtcomplianceGAIA the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementingknown anyas Ger procedures projectsArea Development anddeveloped has the Agency)at authority the local  Monitor processes related to urban development, land usage and protection; leveltoGAHP cancel for selecting authorization areas forfor aredevelopment redevelopment and project implementingGer ifArea they Housing rule projects that Project the and tender has thepro cessauthority was 110 tonot cancel carried authorization out in accordance for a redevelopment with the regulations. projectTraditional if theyThe ruleMinistry round that felt alsothe dwelling tenderarranges pro used guidancecess by was Ger 110  Deliver an annual report on urban development activities to the Ministry of Construction notand carried support out for in urban accordance redevelopment with the andregulations. implementsnomadic The and herdersMinistry monitors in also Mongoliapriority arranges projects, guidance program and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implementsDwelling and area monitors with gerspriority and projects, houses without program Ger area and plans at the state level. full social and engineering infrastructure Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: GPA The City General Planning Agency

Operational Procedures for Ger Area 110Ger Area Operational Procedures  Initiate projects based on the General Development Plan, Land Development Plan and Amnesty International interview with Ministry of ConstructionRedevelopment and Urban Development, 14 March 110 the sub-project general plans and implement those activities; 2016. Amnesty International interview with Ministry of ConstructionInternational and CovenantUrban Development, on Economic, 14 March Social ICESCR 2016. and Cultural Rights  Resolve financing sources for projects and programs being implemented with local state Operational Procedures for Demolishing and Inadequate Housing Operational Rebuilding Inadequate Public Housing not funding; Procedures Complying with Operational Requirements Residential public housing buildings  Select a project implementer; Inadequate public housing assessed to be unsafe and/or structurally unsound and whose use is prohibited  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; JICA Japan International Cooperation Agency Khashaa Fenced plots of land  Ensure community participation by promoting and publicizing projects, programs and Administrative subdivision under plans to the public, and receive feedback and complaints; Khoroo aimag(province)in Ulaanbaatar Ulaanbaatar 2020 Master Plan and  Implement regeneration activities in accordance with governmental orders; Amendments and Development Approaches for 2030, providing an overarching strategy Master Plan  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner for Ulaanbaatar including plans for and a legal entity. developing residential, commercial and green spaces National Human Rights Commission of Under Article 24.3, the Capital City Governor also has the authority to organize measures for NHRCM the continuation and completion of a project in cases where the project implementer is Mongolia Those who are in legitimate control of the declared insolvent by the courts. Land owner land with the right to dispose of that land Those who legitimate control of the land in The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City accordance with the purpose of its use and Land possessor Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. terms and conditions specified in respective Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city contracts councils) approves the required development and redevelopment documentation, allocates Private company selected to implement a Project implementer / private developer funding to resolve the budget for urban development projects and plans, monitors redevelopment project Redevelopment Law The Urban Redevelopment Law

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 546 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

6 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projects Organize based on activities, the sub -includingproject general allocation plans of andAdministrative land development and implement subdivision projects;ation ofunder development aimag micro-districts, ger areas and old parts of the city. Soum projects based on the sub-project general plans(p androvince development)outside Ulaanbaatar projects;  Appoint a General Architect for the capital cityA person for a termwho occupiesof four years land; or property Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Tenant  Appoint a General Architect for the capitalrented city for from a term a landlord of four years; decision to approve, or not, the work being taken forward by the Capital City Governor The United Nations Human Settlements UNEstablish-Habitat a Department of Urban Development and Construction which must be headed including deciding on the location, size and intended use of the land for a redevelopment Programme by the EstablishGeneral Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the

by the General Architect; council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these

 Oversee the development of the General Development Plan for the capital city and make roles. amendments Oversee and the revisions; development of the General Development Plan for the capital city and make amendments and revisions; At the national level, the MCUD is responsible for state-level policy and overseeing MAP Monitor processesOF MONGOLIA related to urban development, land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local  Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority  Deliver an annual report on urban development activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was 96° 100° 104° 108° 112° 116° 120° 110 and UrbanDeliver Development. an annual report on urban development activitiesl to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance a MONGOLIA k y a a B ilk and Urban Development. A Sh and support for urban redevelopment and implements and monitors priority projects, program n RUSSIAN g FEDERATIONe a k Chita n r a u a Irkutsk L n g u r and plans at the state level. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities areg to: Kyzyl Ulan Ude A r

e g Under the Redevelopment Law Article 11, the Capital n City Governor’s responsibilities are to: le Hövsgöl e 50° S on 50° Tes Nuur On KAZAKHSTAN Uvs K Bulgan ikoy  Initiate projects basedh on theHatgal General Development Plan,Ch Land Development Plan and Nuur e Achit n Ulaangom H Ö VSGÖ L Sühbaatar Ereentsav Nuur e H Dzel g the subTsagaannuur-project generalUVS plans and implement thoseen activities;  Initiateo projects based on the GeneralMörön DevelopmentSel Darhan Plan, Land Development Plan and v Te d si Hulun Nur

Altay y O Ölgiy Hyargas n BULGAN SELENGE Bayan Uul Nuur r 110 A BAYAN- Hödrögö n x the sub-project general plans and implementErdenet those Dzactivities;öönharaa o o Amnesty International interview with Ministry of Construction and Urban Development, 14 March ÖLGIY er Bulgan Eg n n Id y O Urgamal u Dund-Us n Bayan E L Har Nuur a Buyr rti DZAVHAN Choybalsan  x Resolve financingHar sources for projectsH andOrhon programsUlaanbaatar being Dundbimplementedürd with localNuur state 2016. Us Nuur (Ulan Bator) T Uliastay NORTH HANGAY n EASTERN Tamsagbulag rle Ulu Tsetserleg He ng ul Öndörhaan funding; uu Resolve Tögr öfinancingg sources for projects and programsu being implemented with local state r A T Dzuunmod Bayasgalant Dzüünbulag HENTIY HOVD 46 46° g CENTRAL ° Dzag a Hujirt funding; Y Altay r Baruun Urt d

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Taygan B S Ü HBAATAR  Select a project implementer;Bayanhongor Sangiyn Dalay GOVIALTAY Ulaan-Uul SOUTH Mandalgovi Hongor M Talshand R HANGAY  Select a project implementer;O MIDDLE GOVI Buyant-Uhaa G O Bulgan N Hovd Öldzeyte Suma  Conclude a tripartite agreementO for project implementationTöhöm and ensure implementation CHINA U H N Dzüünbayan T N A EAST GOVI Erenhot of the agreement;Conclude a tripartite agreementY for project implementationBaruunsuu andR ensure implementation T A Saynshand Agaruut E B Dalandzadgad Hami A Tsoohor S of the agreement; I SOUTH GOVI E 42° N D 42° S  EnsureNational community capital participation by promoting and publicizingI projects, CHINAprograms and O B Provincial capital G plans toEnsure theTown, villagepublic, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and Major airport Beijing Baotou plans toInter thenational public, boundary and receive feedback and complaints; (Peking) MONGOLIA  ImplementProvincial boundar regenerationy activities in accordance with governmental orders; Main road Bo Railroad Hai

 Implement regeneration activities in accordance with) governmental orders;

o l 38° l 38° 0 100 200 300 400 km e Y The boundaries and names shown and the designations  Conclude a tripartite agreement with a citizen who is( the land and/or real estate owner

used on this map do not imply official endorsement or g 0 100 200 mi n acceptance by the United Nations. a 92 96 100 104 u 108 112 116 and a legalConclude° entity. a tripartite° agreement° with a citizen° whoH is the° land and/or° real estate owner°

Map No. 3721 Rev. 3 UNITED NATIONS Department of Peacekeeping Operations Januarandy 2004 a legal entity. Cartographic Section Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City GovernorThe Ulaanbaatar is fulfilling City his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city fundingcouncils) to resolve approves the the budget required for urban development development and redevelopment projects and plans documentation, monitors , allocates funding to resolve the budget for urban development projects and plans, monitors

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 557 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

FALLING SHORT 7 implementation of the development and redevelopmentTHE RIGHT TO ADEQUATE documentation HOUSING IN ULAANBAATAR, and plans, MONGOLIA together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final UnderEdecisionXECUTIVE Article to approve, 10 of the or not,Redevelopment theSUMMARY work being Law, taken the Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decisionincluding to deciding approve, on or thenot, location, the work size being and taken intended forward use by of thethe Capitalland for City a redevelopment Governor includingarea, approving deciding funding on the from location, the city size budget, and intended and monitoring use of the implementation. land for a redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these by the General Architect; councilroles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles.  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing amendments and revisions; At“compliance Inthe nationalmy wi khashaa thlevel, the thelegislation. MCUD there isThe responsible Ministry were approves for state 14 -anylevel people. procedures policy and developedoverseeingThe at the local compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local  Monitor processes related to urban development, land usage and protection; levelcompanyto cancel for selecting authorization areasoffered forfor aredevelopment redevelopment 2 studio and project implementing flats if they if rule projectswe that freedthe and tender has thepro cessauthority was tonot cancel carried authorization out in accordance for a redevelopment with the regulations. project 110if theyThe ruleMinistry that alsothe tenderarranges pro guidancecess was 110  Deliver an annual report on urban development activities to the Ministry of Construction notland.and carried support My out for in urbanson, accordance redevelopment his with wife the andregulations. and implements their The and Ministrythree monitors also prioritychildren arranges projects, guidance program and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program andtook plans ourat the stateger level. and has been staying in different Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: places. After moving around three times, now they  Initiate projects based on the General Development Plan, Land Development Plan and 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March the sub-project general plans and implement those activities; 1102016.are Amnesty staying International in interview a place with Ministry that of Construction is 10kms and Urban from Development, UB. 14 March... 2016.  Resolve financing sources for projects and programs being implemented with local state My Son and his family did not get any funding; compensation”  Select a project implementer; Resident from 14th khoroo of Bayanzurkh district, 20 March 2016

 Conclude a tripartite agreement for project implementation and ensure implementation Ulaanbaatar, Mongolia’s capital, is undergoing large-scale redevelopment to provide better of the agreement; housing and access to services for residents and to combat high pollution levels. The redevelopment agenda focuses on both Ulaanbaatar’s ger areas, where 60% of Ulaanbaatar’s  Ensure community participation by promoting and publicizing projects, programs and 1.3 million residents live, and on public housing buildings which are unsafe and/or plans to the public, and receive feedback and complaints; structurally unsound.

 Implement regeneration activities in accordance with governmental orders; Ger areas combine both houses and gers (traditional round felt dwellings) and lack infrastructure such as roads, access to water, sanitation and heating. Many arrivals to the ger  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner areas are former herders who lost their livelihoods during extreme winter weather which left and a legal entity. their livestock dead or who otherwise have sought better economic opportunities in the city for themselves and their family. Over the past decade, hundreds of thousands of herder Under Article 24.3, the Capital City Governor also has the authority to organize measures for families have left the steppes to settle in the outskirts of Ulaanbaatar where they typically the continuation and completion of a project in cases where the project implementer is find a piece of unoccupied land, put up a fence and erect their ger.1 declared insolvent by the courts. Redevelopment often requires some amount of relocation of people. Governments are entitled The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city 1 See Mayar Benoit, The Rights of Mongolia’s Internal Migrants Under International Law: Climatic, councils) approves the required development and redevelopment documentation, allocates Domestic and Commercial Responsibilities, Journal of East Asia and International Law, 1 July 2014, funding to resolve the budget for urban development projects and plans, monitors Available at: ssrn.com/abstract=2495992; Nathan Vanderklippe, Dying Steppe, The Globe and Mail, 29 April 2016, available at http://www.theglobeandmail.com/news/world/the-globe-in-mongolia-why-a- herding-culture-is-dyingout/article29791679/

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 548 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 8 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or toprojects expropriateOrganize based land on activities, the for subpublic -includingproject purposes, general allocation if plansdone of inand land conformity development and implement with projects;theation provisions of development of micro-districts, ger areas and old parts of the city. internationalprojects based human on therights sub law,-project including general public plans participation, and development due process, projects; and adequate compensation Appoint a. GeneralIn other Architectwords, respect for the for capital international city for ahuman term ofrights four lawyears does; not prohibit Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final development Appoint or a modernization General Architect projects for the that capital entail citydisplacement, for a term ofbut four imposes years; conditions and decision to approve, or not, the work being taken forward by the Capital City Governor procedural Establish limits a Department on it. Evictions of Urban that doDevelopment not meet these and Constructionprocedural protections which must are be defined headed in including deciding on the location, size and intended use of the land for a redevelopment internationalby the EstablishGeneral law Architect; a as Department “forced evictions”. of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the by the General Architect; council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these Mongolia’s Oversee Constitution the development grants ofthe the State General the right,Development“...to exchange Plan for or the take capital [land] city over and with make roles. compensationamendments Oversee and onthe therevisions; development grounds of ofspecial the General public Developmentneed or to confiscate Plan for thethe landcapital if it city is usedand makein a manneramendments adverse and to the revisions; health of the population, the interests of environmental protection or At the national level, the MCUD is responsible for state-level policy and overseeing national Monitor security processes” (Article related 6.4). to Illegal urban confiscation development, is prohibitedland usage and and the protection; State must pay “due compliance with the legislation. The Ministry approves any procedures developed at the local compensation Monitor andprocesses payment” related in the to urbancase of development, any expropriation land usageof land and for protection;special public need level for selecting areas for redevelopment and implementing projects and has the authority (Article Deliver 16) .an annual report on urban development activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was 110 and UrbanDeliver Development. an annual report on urban development activities to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance In and2013, Urban the Development.government of Mongolia initiated a new approach to address the challenges of and support for urban redevelopment and implements and monitors priority projects, program Ulaanbaatar’sUnder the Redevelopment unexpected andLaw unplannedArticle 11, populationthe Capital growth City Governor’s and alarming responsibilities increases in are to: and plans at the state level. pollutionUnder thelevels: Redevelopment the “Ulaanbaatar Law Article 2020 Master11, the Plan Capital and City Amendment Governor’ss and responsibilities Development are to: Approaches Initiate forprojects 2030” based (Master on thePlan). General A key Development component of Plan, this Landplan isDevelopment the redevelopment Plan and of gerthe areassubInitiate-project in 24 projects locationsgeneral based plans across onand eightthe implement General districts Developmentthose in Ulaanbaatar, activities; Plan, comprising Land Development 75 sub-projects Plan and andthe covering sub-project approximately general plans 1,500hectares and implement (ha), those or 16,109 activities; sites. This represents 14-15% of 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2 Ulaanbaatar Resolve territoryfinancing and sources approximately for projects 9% and of theprograms city’s population.being implemented Another with project local on state the 2016. redevelopmentfunding; Resolve financingagenda is sourcesthe redevelopment for projects ofand inadequate programs, beingor in otherimplemented words unsafe with localand/or state structurallyfunding; unsound, public housing.  Select a project implementer; The redevelopmentSelect a project agenda implementer; is led by the Capital City Governor’s Office, implemented by agencies Conclude under a thetripartite Ulaanbaatar agreement City forMayor’s project Office implementation and overseen and by ensurethe Ulaanbaatar implementation City Council.of the agreement;Conclude The Capital a tripartite City Government agreement selects for project private implementation developers to and implement ensure implementationthe redofevelopment the agreement; projects for ger areas and inadequate public housing. The private developers are responsibleEnsure community for financing participation the construction by promoting project, and including publicizing purchasing projects, landprograms from and individualplans toEnsure the residents. public, community and At the receive participation national feedback level, by andpromotingthe Ministrycomplaints; and of publicizingConstruction projects, and Urb programsan and Developmentplans to the (MCUD) public, andplays receive a monitoring feedback role and to ensurecomplaints; overall compliance of the redevelopment Implement process regeneration with theactivities law and in proceduresaccordance. with governmental orders;  Implement regeneration activities in accordance with governmental orders; KEY ConcludeFINDINGS a tripartiteAND RECO agreementMMENDATIONS with a citizen who is the land and/or real estate owner Manyand a residentslegalConclude entity. of a Ulaanbaatartripartite agreement interviewed with bya citizenAmnesty who International is the land saidand/or that real the estate owner redevelopand a legalment entity. agenda in Mongolia receives widespread support. However, Amnesty InternationalUnder Article found24.3, thatthe Capitalthe absence City Governor of clear andalso adequate has the authority government to organize regulation, measures effective for consultationtheUnder continuation Article and 24.3, andmonitoring completion the Capital makes ofCity individualsa project Governor in affectedcasesalso has where bythe redevelopment thauthoritye project to implementerorganize vulnerable measures isto a for rangedeclaredthe continuationof humaninsolvent rights byand the violations, completion courts. in of particular a project the in casesright towhere adequate the project housing. implementer The legal andis regulatorydeclared framework insolvent byis notthe incourts. line with Mongolia’s obligations under international human rightsThe Ulaanbaatar law and standards, City Council’s and places role is a primarily large number to monitor of residents and ensure at risk that or inthe a Capitalsituation City of Governor The Ulaanbaatar is fulfilling City his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. 2councils) DemocracyUnder Articl approves Paper,e 8 ofM. the the Enkhbaatar: required Development development it is necessary Law, the andto Ulaanbaatar understand redevelopment that City ger Councildocumentation area devel (andopment aimag, allocates is acity huge scheme,fundingcouncils) 21to resolve Augustapproves 2015,the the budget No. required 136/2259; for urban development Daily development News, and Bat redevelopment- Uul,projects Mayor and introduces plans documentation, monitorsger re-planning , allocates project,funding 24 toMarch resolve 2016, the pp1&5 budget, on for file urban with Amnesty development International projects. and plans, monitors

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 559 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 9 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development micropermanent-districts, uncertainty ger areas about and oldtheir parts housing of the situation. city. projects based on the sub-project general plans and development projects; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final UnderDespitedecision Article the to approve,advanced 10 of the or stage not,Redevelopment theof the work redevelopment being Law, taken the Ulaanbaatar forwardagenda byin Mongolia,the City Capital Council relevant City makes Governor laws the and final  Appoint a General Architect for the capital city for a term of four years; decisionpoliciesincluding areto deciding approve, lagging on behindor thenot, location, thepractice. work size beingInitiatives and taken intended to forward improve use by ofliving thethe Capitallandconditions for City a redevelopment inGovernor the capital city includingbearea,gan approving around deciding 2004 funding on but the fromthe location, Urban the city sizeDevelopment budget, and intended and Law monitoring 3use was of not the implementation. passed land for until a redevelopment 2008 When and the the  Establish a Department of Urban Development and Construction which must be headed area,othercouncil approvingmain is in national recess, funding law,the from Ulaanbaatarthe Urbanthe city Redevelopment Citybudget, Council and monitoringPresidium Law4, was hasimplementation. passed the authority only in June toWhen fulfil 2015. the these In by the General Architect; councilOctoberroles. is 2015 in recess, the MCUD the Ulaanbaatar set up a working City Council group toPresidium further develop has the policiesauthority to to bring fulfil them these roles.into line with the 2015 Redevelopment Law, given the discrepancies and weaknesses,  Oversee the development of the General Development Plan for the capital city and make howeverAt the national more changes level, the are MCUD required is responsible to bring the for laws state and-level procedures policy and in lineoverseeing with amendments and revisions; Atinternationalcompliance the national wi human thlevel, the rightsthelegislation. MCUD law and isThe responsible standards. Ministry approves for state -anylevel procedures policy and developedoverseeing at the local compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local  Monitor processes related to urban development, land usage and protection; levelThisto cancel forbriefing selecting authorization presents areas the forfor conclusions aredevelopment redevelopment of Amne and project implementingsty International’s if they rule projects that research the and tender hascarried thepro cessauthorityout in was toUlaanbaatarnot cancel carried authorization out between in accordance September for a redevelopment with 2015 the regulations. and projectAugust 110 if2016 theyThe. ruleMinistryIt examines that alsothe the tenderarranges process pro guidancecess in place was 110  Deliver an annual report on urban development activities to the Ministry of Construction notforand carriedger support area out redevelopmentfor in urban accordance redevelopment and with redevelopment the andregulations. implements of inadequate The and Ministry monitors public also priorityhousing arranges projects, buildings, guidance program the and Urban Development. andtwoand supportareasplans ofat for thethe urban redevelopmentstate redevelopmentlevel. agenda and that implements directly affect and monitorsthe most prioritynumber projects, of Ulaanbaatar program andresidents. plans atIt thereviews state the level. current redevelopment legal and policy framework and assesses its Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: ability to protect the rights of those affected by the redevelopment process.

 Initiate projects based on the General Development Plan, Land Development Plan and The110 Amnesty Mongolian International authorities interview must withens ureMinistry that ofall Construction procedures and and Urban regulations Development, being 14amended March or the sub-project general plans and implement those activities; 1102016.drafted Amnesty by theInternational MCUD working interview group with Ministryare in line of Construction with both internationaland Urban Development, human rights 14 March law and 2016.standards, and other domestic legislation on redevelopment. Any and all discrepancies  Resolve financing sources for projects and programs being implemented with local state between procedures and regulations must be addressed in a manner that provides the funding; greatest protection to residents affected by redevelopment and so that there is no ambiguity concerning the process or the rights of individuals and communities affected by  Select a project implementer; redevelopment. These changes must be clearly communicated to the public.

 Conclude a tripartite agreement for project implementation and ensure implementation Amnesty International has identified the following key failings: of the agreement;  Laws and policies do not recognize the rights of those who do not have legal title for the  Ensure community participation by promoting and publicizing projects, programs and land or housing they occupy to participate in consultation processes on redevelopment; plans to the public, and receive feedback and complaints;  Lack of safeguards to protect against the risk of forced eviction and homelessness;  Implement regeneration activities in accordance with governmental orders;  Lack of information or clarity from government agencies and private developers means  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner that residents are often misinformed or unclear about whether resettlement is voluntary or and a legal entity. involuntary;

Under Article 24.3, the Capital City Governor also has the authority to organize measures for  Lack of clarity on redevelopment procedures and rights of residents due to changes to the continuation and completion of a project in cases where the project implementer is the legal and policy environment, putting residents at risk of violations to their right to declared insolvent by the courts. adequate housing;

The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city 3 Urban Development Law adopted by the Mongolian Parliament in May 2008 and amended in February, councils) approves the required development and redevelopment documentation, allocates June and November 2015; unofficial English language translation on file at Amnesty International. funding to resolve the budget for urban development projects and plans, monitors 4 Urban Redevelopment Law, passed by the Mongolian Parliament 0n 26 June 2015; unofficial English language translation on file at Amnesty International.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 1054 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 10 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projects  LawsOrganize based and policieson activities, the sub on -redressincludingproject aregeneral allocation unclear plans and of and land lack development andspecificity implement onprojects; optionsation of for development those micro-districts, ger areas and old parts of the city. individualsprojects based negatively on the impacted sub-project by redevelopment general plans andto raise development complaints projects; and seek settlement of disputesAppoint. a General Architect for the capital city for a term of four years; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final  Appoint a General Architect for the capital city for a term of four years; decision to approve, or not, the work being taken forward by the Capital City Governor A majorEstablish defect a in Department Mongolia’s ofprovisions Urban Development regarding redevelopment and Construction is the which excl usionmust ofbe peopleheaded including deciding on the location, size and intended use of the land for a redevelopment whoby the do EstablishGeneral not have Architect; aformal Department property of titles.Urban Residents Development in redevelopment and Construction affected which areas must who be headeddo not area, approving funding from the city budget, and monitoring implementation. When the haveby tlegalhe General title to Architect;the land or housing they occupy are excluded from any consultations and council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these opportunities Oversee the for developmentparticipation ofin the Generaldevelopment Development process. PlanLegal for title the can capital either city be and a land make roles. ownershipamendments Oversee or landand the revisions; possessiondevelopment certificate of the General. Those Developmentwithout legal Plantitle arefor the‘non capital-landowners city and and make possessors’.amendments This and group revisions; includes tenants and extended family members who may live on the At the national level, the MCUD is responsible for state-level policy and overseeing same Monitor land as processes the landowner related or topossess urbanor development, but not necessarily land usage in the and same protection; house or ger, and compliance with the legislation. The Ministry approves any procedures developed at the local those rentingMonitor an processes apartment related which to they urban do development,not own. Non -landlandowners usage and and protection; possessors have no level for selecting areas for redevelopment and implementing projects and has the authority rights Deliver under anMongolia’s annual report laws andon urban policies development to engage inactivities consultations, to the Ministry or to receive of Construction to cancel authorization for a redevelopment project if they rule that the tender process was 110 compensationand UrbanDeliver Development. anor redress.annual report on urban development activities to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance and Urban Development. and support for urban redevelopment and implements and monitors priority projects, program UnderThe ex clusionthe Redevelopment of non-landowners Law Article and possessors 11, the Capital from theCity redevelopment Governor’s responsibilities process is not are in to: and plans at the state level. complianceUnder the withRedevelopment Mongolia’s obligationsLaw Article under11, the international Capital City human Governor’s rights responsibilities law. All affected are to: residents, Initiate and projects others basedworking on onthe behalf General of affectedDevelopment communities Plan, Land or residents,Development must Plan be ableand to fullythe sub participateInitiate-project projects generalin and based beplans consulted onand the implement Generalat all stages Developmentthose of activities;redevelopment Plan, Land projects. Development At a minimum, Plan and Articlethe sub 22- projectof the Redevelopmentgeneral plans and Law, implement which lists those the activities;rights and responsibilities of 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March landowners Resolve and financing possessors, sources should for projects be amended and programs to include being non -implementedlandowners and with possessors, local state 2016. sofunding; thatResolve all members financing of the sources community for projects are able and to programsreceive information being implemented and are consulted with local on state developmentsfunding; that affect their lives.  Select a project implementer; Due to Selectthe lack a projectof safeguards implementer; against forced evictions, everyone affected by redevelopment is at riskConclude of force da tripartiteeviction and agreement homelessness for project to a implementationgreater or lesser andextent. ensure For implementationnon-landowners andof the possessors, agreement;Conclude particularlya tripartite agreementtenants without for project any tenancy implementation agreement, and there ensure are implementationno procedural safeguardsof the agreement; to ensure they are given notice before an eviction or to ensure that no one is left homeless Ensure as community a result of anparticipation eviction. Landowners by promoting and and possessors publicizing who projects, have negotiated programs a and compensationplans toEnsure the public, communitypackage and with receive participation a private feedback developer by andpromoting complaints; are better and publicizing protected under projects, the programslaw but are and stillplans at risk to theif the public, private and developer receive feedbackin their area and runscomplaints; into financial problems and is unable to complete Implement construction regeneration or pay activitiesthe agreed in compensation,accordance with or governmentalotherwise breaches orders; the terms of their agreement.Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner Theand implementationa legalConclude entity. a tripartite of the redevelopmentagreement with agenda a citizen in whoUlaanbaatar is the land is marred and/or realby lack estate of owner informationand a legal on entity. eviction, compensation and resettlement and does not meet international standardsUnder Article on genuine24.3, the consultation. Capital City InGovernor the legal also framework has the authorityon redevelopment to organize there measures are some for mechanismstheUnder continuation Article for 24.3, consultationand completion the Capital and ofcommunityCity a project Governor inparticipation casesalso has where the is thauthorityacknowledgede project to implementerorganize as a key measures is for principle.declaredthe continuation insolvent However, byand in the practice, completion courts. based of aon project Amnesty in cases International’s where the interviews,project implementer relevant is informationdeclared insolvent is often notby thepublicly courts. available and/or not easily accessible. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City GovernorTheThe absence Ulaanbaatar is fulfilling of genuine City his/her Council’sconsultation responsibilities role hasis primarily led for to implementingconfusion to monitor among and the ensureresidentsredevelopment that on the whether Capitalagenda. they City 5 UndercanGovernor reject Articl redevelopment ise fulfilling8 of the Developmenthis/her proposals responsibilities andLaw, offers the Ulaanbaatar.for Members implementing of City two Council theresidents redevelopment (and temporary aimag cityagenda. councils councils)whoUnder spoke Articl approves to Amnestye 8 of the the Internationalrequired Development development understood Law, the and Ulaanbaatarthat, redevelopment because City the Councildocumentation redevelopment (and aimag, agendaallocates city is a funding councils) to resolve approves the the budget required for urban development development and redevelopment projects and plans documentation, monitors , allocates funding to resolve the budget for urban development projects and plans, monitors 5 Resident temporary councils are representative bodies established by landowners and possessors in an affected area to represent their interests.

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5511 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 11 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development microgovernment-districts,-initiated ger areas project, and oldthey parts had ofno thechoice city. but to negotiate an agreement with the projects based on the sub-project general plans and development projects; privateUnder Articledeveloper 10 ofauthori the Redevelopmentzed to carry out La a w,redevelopment the Ulaanbaatar sub -Cityproject Council in their makes area. the final Underdecision Article to approve, 10 of the or not,Redevelopment the work being Law, taken the Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decisionWhileincluding it mayto deciding approve, seem thaton or thenot, consultations location, the work size being delay and taken the intended process forward use or by ofcost thethe money, Capitalland for inCity athe redevelopment Governor long term they includingcanarea, ensure approving deciding that fundinga projecton the from islocation, implemented the city size budget, and in intendeda andmore monitoring cost use-effective of the implementation. land way, for particularly a redevelopment When when the  Establish a Department of Urban Development and Construction which must be headed area,hiddencouncil approving socialis in recess, costs funding of the evictions fromUlaanbaatar the such city Citybudget,as loss Council of and access monitoringPresidium to work, hasimplementation. food, the authorityschooling, toWhen and fulfil healththe these by the General Architect; councilcareroles. are is factored in recess, in, the while Ulaanbaatar at the same City time Council minimizing Presidium inequality, has the social authority conflict to fulfil and these roles.segregation. 6  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing amendments and revisions; AtTocompliance the protect national the wi thrightlevel, the to thelegislation. adequate MCUD ishousing,The responsible Ministry the Mongolianapproves for state -anylevel government procedures policy and must developedoverseeing ensure atthat the it localnot complianceonlylevel avoidsfor selecting wior thceases the areas legislation. any for act redevelopment that The may Ministry threaten and approves implementingthis right, any butprocedures projectsalso protects anddeveloped has people the at authorityfrom the localany  Monitor processes related to urban development, land usage and protection; levelpossibleto cancel for selecting violations authorization areas by third forfor aredevelopmentparties, redevelopment such as and landlordsproject implementing if orthey private rule projects thatdevelopers. the and tender has Where thepro cess authoritysuch was toinfringementsnot cancel carried authorization out do in occur,accordance for the a redevelopmentrelevant with the public regulations. projectauthorities 110if theyThe should ruleMinistry actthat to alsothe prevent tenderarranges any pro guidancefurthercess was 110  Deliver an annual report on urban development activities to the Ministry of Construction notrightsand carried support violations out for in urbanand accordance guarantee redevelopment with the the affected andregulations. implements persons access The and Ministry monitors to legal also remediespriority arranges projects, or redress.guidance program and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program andRESIDENTS plans at the stateMADE level. HOMEL ESS IN SUKHBAATAR DISTRICT Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Redevelopment plans gone wrong can have a devastating impact on the residents, as illustrated by the case of Building #3. an old, dilapidated building located in the 10th khoroo (administrative unit) of Sukhbaatar  Initiate projects based on the General Development Plan, Land Development Plan and 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March district of central Ulaanbaatar. the sub-project general plans and implement those activities; 1102016. Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. In early 2015 a private developer approached residents of building #3 with the offer of a new apartment in a  Resolve financing sources for projects and programs being implemented with local state new building that they proposed to construct. It was an attractive offer for residents living in a building funding; without running water or toilets. Between April and July 2015, at least 28 households from Building #3 agreed a resettlement and compensation package with the private developer. The private developer gave those  Select a project implementer; residents who moved out a lump sum of money to cover rent costs elsewhere for one year while the new building was constructed. However, not all households in Building #3 took the offer because they did not trust  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; the private developer. Other private developers had made similar promises that had not been implemented in the past.

 Ensure community participation by promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints; To show their willingness to move and to encourage others to move, the company asked residents who had agreed to move out to remove the windows and front doors of their apartments. After several households did

 Implement regeneration activities in accordance with governmental orders; this, the building was further vandalized for pipes and materials and rubbish was dumped in the building. Radiators and central heating pipes were removed. The city government authorities did take steps to notify  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner residents that the company seeking to negotiate with residents was not the same company which had been and a legal entity. given authorization to carry out the construction, including a letter to residents dated 22 April 2015. However, when Amnesty International interviewed residents between March and May 2016, not all of them had been Under Article 24.3, the Capital City Governor also has the authority to organize measures for aware of the letter or that the company was not authorized to negotiate with them at the time of signing. the continuation and completion of a project in cases where the project implementer is declared insolvent by the courts. After a year had passed no progress had been made on the construction and the rent money ran out. Without rent money, families had to choose between staying with relatives, paying rent for alternative accommodation The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City at their own expense or moving back into Building #3. For some households, moving back into Building #3 was Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. not an option because, in addition to no heating, their apartment has no door or windows and is therefore Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city councils) approves the required development and redevelopment documentation, allocates funding to resolve the budget for urban development projects and plans, monitors 6 Amnesty International, Know your obligations: A guide to preventing forced evictions(Index: ACT 35/009/2012) available at: www.amnesty.org/en/documents/document/?indexNumber=ACT35/009/2012&language=en

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 1254 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 12 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projectsuninhabitable Organize based. on activities, the sub -includingproject general allocation plans of and land development and implement projects;ation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects; Of thoseAppoint who did a notGeneral negotiate Architect with the for private the developer,capital city five for households, a term of including four years a man; with disabilities Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final and a familyAppoint with ayoung General children Architect spent the for winter the capitalof 2015/16 city in forBuilding a term #3 ofwithout four centralyears; heating. Outside decision to approve, or not, the work being taken forward by the Capital City Governor temperaturesEstablish in Ulaanbaatara Department during of theUrban winter Development can reach -30°C. and Other Construction households which moved mustout and be stayed headed with including deciding on the location, size and intended use of the land for a redevelopment byrelatives the EstablishGeneral or rented Architect; elsewherea Department at their of own Urban expense Development because the conditionsand Construction in the building which were must intolerable. be headed area, approving funding from the city budget, and monitoring implementation. When the However,by the in General April 2016 Architect; five households moved back because the cost of paying rent elsewhere was too high. council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  Oversee the development of the General Development Plan for the capital city and make roles. amendmentsThe governmentOversee andinitially the revisions; development refused to take of any the responsibility, General Development claiming that Plan it does for not the guarantee capital thecity process and make or mediateamendments disputes unlessand revisions; the residents sign a tripartite agreement – a contract between the apartment owner, At the national level, the MCUD is responsible for state-level policy and overseeing the priMonitorvate developer processes and the related Capital to City urban Governor development, outlining the land terms usage of the andresettlement protection; and compensation compliance with the legislation. The Ministry approves any procedures developed at the local agreed. Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority  Deliver an annual report on urban development activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was 110 andAmnesty UrbanDeliver International Development. an annual issued report an urgent on appealurban ondevelopment this case in March activities 2016 andto the met Ministry with the Chairof Construction of the City not carried out in accordance with the regulations. The Ministry also arranges guidance Counciland Urbanto call forDevelopment. immediate action to find alternative, adequate accommodation for the residents of Building and support for urban redevelopment and implements and monitors priority projects, program and plans at the state level. Under#3. On 24 the June, Redevelopment the Governor passed Law aArticle Decree 11,for 10 the household Capitals Cityof Building Governor’s #3 to be responsibilities re-housed – the arenumber to: of Underhouseholds the livingRedevelopment in the building Law. However, Article on 11, 29 June the localCapital elections City Governor’swere held in whichresponsibilities the Governor are and to:  Initiate projects based on the General Development Plan, Land Development Plan and the ruling party were defeated putting this process into question and leaving families in limbo.7 the subInitiate-project projects general based plans onand the implement General Developmentthose activities; Plan, Land Development Plan and the sub-project general plans and implement those activities; 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March METHODOLOGYResolve financing sources for projects and programs being implemented with local state 2016. Amnesty International carried out research in Ulaanbaatar between September 2015 and funding; Resolve financing sources for projects and programs being implemented with local state Augustfunding; 2016. During that time Amnesty International met with the National Human Rights CommissionSelect a ofproject Mongolia implementer; (NHRCM) and NGOs including women’s groups, disability rights groups, environmental organizations, development NGOs and NGOs focusing on internal  Select a project implementer; displacement from mining activities. Amnesty International met with lawyers and academic  Conclude a tripartite agreement for project implementation and ensure implementation experts on Mongolia’s land laws and urban development issues; representative from a of the agreement;Conclude a tripartite agreement for project implementation and ensure implementation citizens’ representative organization in Chingeltei district; representatives from two residents’ of the agreement; temporary councils in Bayanzurkh district; 28 individuals or families in communities affected  Ensure community participation by promoting and publicizing projects, programs and by the redevelopment agenda in Sukhbaatar, Bayanzurkh, and Songinokhairkhan districts; plans toEnsure the public, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and and three construction companies working on redevelopment sub-projects in Ulaanbaatar. plans to the public, and receive feedback and complaints; Throughout this briefing, the names of individual residents have been omitted to protect  Implement regeneration activities in accordance with governmental orders; them from any negative repercussions in on-going negotiations with private developers.  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner Between 14 and 22 March 2016, Amnesty International met with relevant government and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner authorities and agencies at both the national and local level. National level meetings were and a legal entity. held with the MCUD, the Court Decision Enforcement Agency, and the Parliamentary Under Article 24.3, the Capital City Governor also has the authority to organize measures for Standing Committee on Complaints. At the local level, meetings were held with the Ger Area theUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for Development Agency (GADA), the Deputy-Mayor for Urban Development and Investment, the declaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is City General Planning Agency (GPA), and the Governor of Sukhbaatar district. Amnesty declared insolvent by the courts. International wrote to the MCUD and GADA to request further information and received a The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City reply from the MCUD but not from GADA. Amnesty International sent a summary of the GovernorThe Ulaanbaatar is fulfilling City his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City finding of our research to the MCUD and the Capital City Governor’s office in August 2016 UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. and received a reply, some of which has been reflected in this briefing, from the MCUD and councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city fundingcouncils) to resolve approves the the budget required for urban development development and redevelopment projects and plans documentation, monitors , allocates funding to resolve the budget for urban development projects and plans, monitors 7 The residents of Building #3 told Amnesty International on 20 October 2016 that 10 families who were living in the building were provided with alternative housing in 17 October 2016.

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5513 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 13 implementation of the development and redevelopmentTHE RIGHT TO ADEQUATE documentation HOUSING IN ULAANBAATAR, and plans, MONGOLIA together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development microthe GPA.-districts, Amnesty ger Internationalareas and old also parts met of thewith city. the Asian Development Bank (ADB), Japan projects based on the sub-project general plans and development projects; InternationalUnder Article Cooperation10 of the Redevelopment Agency (JICA), La andw, thethe UlaanbaatarUnited Nations City Human Council Settlements makes the final UnderProgrammedecision Article to approve,(UN 10- Habitat),of the or not,Redevelopment which the work have being all La providedw, taken the Ulaanbaatarforward advice byand the Citytechnical Capital Council assistanceCity makes Governor the on final  Appoint a General Architect for the capital city for a term of four years; decisionhousingincluding andto deciding approve, urban onredevelopment or thenot, location, the work to size beingcity and and taken intended state forward level use governmentby of thethe Capitalland departmentsfor City a redevelopment Governor and includingagencies.area, approving deciding funding on the from location, the city size budget, and intended and monitoring use of the implementation. land for a redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these by the General Architect; councilroles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles.  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing amendments and revisions; Atcompliance the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local  Monitor processes related to urban development, land usage and protection; levelto cancel for selecting authorization areas forfor aredevelopment redevelopment and project implementing if they rule projects that the and tender has thepro cessauthority was tonot cancel carried authorization out in accordance for a redevelopment with the regulations. project 110if theyThe ruleMinistry that alsothe tenderarranges pro guidancecess was 110  Deliver an annual report on urban development activities to the Ministry of Construction notand carried support out for in urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program and plans at the state level. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to:

 Select a project implementer;

 Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;

 Ensure community participation by promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints;

 Implement regeneration activities in accordance with governmental orders;

 Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity.

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Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 1454 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projects Organize based on activities, the sub -includingproject general allocation plans of and land development and implement projects;ation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects;  Appoint a General Architect for the capital city for a term of four years; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final  Appoint a General Architect for the capital city for a term of four years; decision to approve, or not, the work being taken forward by the Capital City Governor  Establish a Department of Urban Development and Construction which must be headed including deciding on the location, size and intended use of the land for a redevelopment by the EstablishGeneral Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the by the General Architect; council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  Oversee the development of the General Development Plan for the capital city and make roles. amendments Oversee and the revisions; development of the General Development Plan for the capital city and make amendments and revisions; At the national level, the MCUD is responsible for state-level policy and overseeing  Monitor processes related to urban development, land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local  Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority  Deliver an annual report on urban development activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was 110 and UrbanDeliver Development. an annual report on urban development activities to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance and Urban Development. and support for urban redevelopment and implements and monitors priority projects, program Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: and plans at the state level. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to:  Initiate projects based on the General Development Plan, Land Development Plan and the subInitiate-project projects general based plans onand the implement General Developmentthose activities; Plan, Land Development Plan and the sub-project general plans and implement those activities; 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March  Resolve financing sources for projects and programs being implemented with local state 2016. funding; Resolve financing sources for projects and programs being implemented with local state funding;  Select a project implementer;  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;  Ensure community participation by promoting and publicizing projects, programs and plans toEnsure the public, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Implement regeneration activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City GovernorThe Ulaanbaatar is fulfilling City his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city fundingcouncils) to resolve approves the the budget required for urban development development and redevelopment projects and plans documentation, monitors , allocates funding to resolve the budget for urban development projects and plans, monitors

Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: State recognizes all forms of both public and private property and shall protect the rights of

the owner by law”. The Constitution grants the State the right,“...to exchange or take [land] 110  Initiate projects based on the General Development Plan, Land Development Plan and over Amnesty with compensation International interview on the grounds with Ministry of special of Construction public need and Urbanor to confiscateDevelopment, the 14 land March if it is 110 the sub-project general plans and implement those activities; used2016. Amnesty in a manner International adverse interview to the with health Ministry of the of Constructionpopulation, andthe Urbaninterests Development, of environmental 14 March 2016.protection or national security” (Article 6.4). Article 16 states that “[i]llegal confiscation and  Resolve financing sources for projects and programs being implemented with local state requisitioning of the private property of citizens shall be prohibited. If the State and its funding; bodies appropriate private property on the basis of exclusive public need, they shall do so with due compensation and payment”.  Select a project implementer; The right to remedy is enshrined in the Constitution under Article 16.12, which guarantees  Conclude a tripartite agreement for project implementation and ensure implementation the “right to submit a petition or a complaint to State bodies and officials” and that “State of the agreement; bodies and officials shall be obliged to respond to petitions or complaints of citizens in conformity with the law”. Article 16.14 provides the “right to appeal to the court to protect  Ensure community participation by promoting and publicizing projects, programs and his/her right if he/she considers that the rights of freedoms as spelled out by the Mongolian plans to the public, and receive feedback and complaints; law or an international treaty have been violated” as well as the right to compensation among others.  Implement regeneration activities in accordance with governmental orders; Further, all domestic laws relevant to the ongoing redevelopment project, except the Land  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner Law, include a clause that states that, “if any international treaty ratified by Mongolia and a legal entity. provides otherwise than the law, the provision of the international treaty shall take precedence”. In addition, Article 10.1 and 10.3 of the Mongolian Constitution guarantee Under Article 24.3, the Capital City Governor also has the authority to organize measures for respectively, “adher[ance] to universally recognized norms and principles of international the continuation and completion of a project in cases where the project implementer is law” and that “international treaties to which Mongolia is a Party shall become as effective as declared insolvent by the courts. domestic legislation upon the entry into force of the laws on their ratification or accession”.

The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City 1.2 INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. The Government of Mongolia is obligated under international human rights treaties, which it Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city has ratified, to respect, protect and fulfil the right to adequate housing.8 The human rights councils) approves the required development and redevelopment documentation, allocates funding to resolve the budget for urban development projects and plans, monitors

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

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 1654 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 16 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projectstreaties Organize includebased on activities,the the International sub -includingproject Covenantgeneral allocation plans on Economic,of and land development and Social implement and projects; Culturation alof Rightsdevelopment micro-districts, ger areas and old parts of the city. (ICESCR),projects basedwhich onguarantees the sub- projectamong generalothers, theplans right and to development health, education, projects; water, sanitation and housing.Appoint aThe General right Architectto adequate for housingthe capital is guaranteed city for a term under of Articlefour years 11(1); of the ICESCR. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final The obligationAppoint toa Generalrespect, Architect protect and for fulfilthe capital extends city to forall ale termvels ofof governmentfour years; from national decision to approve, or not, the work being taken forward by the Capital City Governor to local,Establish as well a asDepartment to state agencies. of Urban Development and Construction which must be headed including deciding on the location, size and intended use of the land for a redevelopment by the EstablishGeneral Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the Theby UNthe CommitteeGeneral Architect; on Economic, Social and Cultural Rights (CESCR), a body of experts that council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these providesOversee authoritative the development guidance of on the the General implementation Development of the Plan ICESCR, for the hascapital clarified city and the make roles. 9 amendmentsobligat Overseeions of andstate the revisions; development parties vis -a -ofvis the the General right to Developmentadequate housing. Plan for The the CESCR capital states city and that make theamendments government andshould revisions; respect the right to adequate housing including by refraining from At the national level, the MCUD is responsible for state-level policy and overseeing forcedMonitor evictions, processes protecting related people to urban from development,interference with land their usage rights and byprotection; third parties such as compliance with the legislation. The Ministry approves any procedures developed at the local landlords Monitor and privateprocesses developers, related to and urban adopting development, appropriate land legislative, usage and administrative, protection; level for selecting areas for redevelopment and implementing projects and has the authority budgetary,Deliver judicial, an annual promotional report on urbanand other development measures atoctivities fully realize to the theMinistry right toof adequateConstruction to cancel authorization for a redevelopment project if they rule that the tender process was 110 andhousing. UrbanDeliver Governments Development. an annual must report prioritize on urban the development realization of a ctivitiesminimum to essential the Ministry levels of ofConstruction housing not carried out in accordance with the regulations. The Ministry also arranges guidance forand everyone Urban whileDevelopment. prioritizing the most disadvantaged groups in all programmes when and support for urban redevelopment and implements and monitors priority projects, program Underallocating the resources.Redevelopment The CESCR Law Article also calls11, theupon Capital states City parties Governor’s to guarantee responsibilities the right ofare to: and plans at the state level. peopleUnder to the participate Redevelopment in and beLaw consulted Article 11, over the deci Capitalsions Citythat Governor’swill affect them,responsibilities and to provide are to: 10 an effectiveInitiate remedyprojects ifbased any of on these the Generalrights are Development violated. Plan, Land Development Plan and the subInitiate-project projects general based plans onand the implement General Developmentthose activities; Plan, Land Development Plan and Thethe CESCR, sub-project in General general Comment plans and 7, implement has emphasized those thatactivities; where evictions are considered to 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March be justifiedResolve they financing should sources be carried for projectsout in strict and complianceprograms being with implemented principles of withinternational local state 2016. 11 funding;law andResolve due process financing requirements. sources for projects According and to programs international being human implemented rights standards, with local state relocationfunding; sites must fulfil the criteria for adequacy of housing under international human rightsSelect law. Thea project CESCR implementer; has identified the following aspects which are crucial to determine whether Select any particular a project implementer;form of housing can be considered to constitute adequate housing underConclude Article 11(1) a tripartite of the agreement ICESCR: legal for project security implementation of tenure; availability and ensure of services, implementation materials, offacilities the agreement;Conclude and infrastructure; a tripartite agreement location; habitability; for project implementationaffordability; accessibility; and ensure andimplementation cultural 12 adequacy.of the agreement;  Ensure community participation by promoting and publicizing projects, programs and plansIn 2007, toEnsure the the public, UNcommunity Special and receive Rapporteurparticipation feedback on by adequate andpromoting complaints; housing, and publicizing an independent projects, expert programs mandated and to plansreport, to advise the public, and provide and receive technical feedback assistance and complaints; to governments on the right to adequate housing,Implement developed regeneration the Basic activities Principles in and accordance Guidelines with on governmental Development orders;-based Evictions and Displacement. The guidelines reflect existing standards and jurisprudence on the issue of  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner Mongoliaand a legalon 18 entity. November 1974; Article 27(3) of the Convention on the Rights of the Child ratified by UnderMongolia Article on 5 July 24.3, 1990; the ArticleCapital 5(e)(iii) City Governor of the Internat also ionalhas theConvention authority on tothe organize Elimination measures of All Forms for theof UnderRacial continuation DiscriminationArticle 24.3, and completion ratifiedthe Capital by Mongolia ofCity a project Governor on 6 Augustin casesalso 1969; has where the and thauthority Articlee project 17 to of implementerorganize the International measures is for declaredCovenantthe continuation oninsolvent Civil and byand Political the completion courts. Rights ratified of a project by Mongolia in cases on 18 where November the project 1974. implementer is 9 UNdeclared Committee insolvent on Economic by the , courts.Social and Cultural Rights, The right to adequate housing, General TheComments Ulaanbaatar 4 and 7. City Council’s role is primarily to monitor and ensure that the Capital City GovernorThe Ulaanbaatar is fulfilling City his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City 10 Under GovernorUN CommitteeArticl ise fulfilling8 ofon theEconomic, Developmenthis/her Social responsibilities and Law, Cultural the Ulaanbaatar forRights, implementing General City Comment Council the redevelopment 4, (and paragraph aimag 9 cityagenda. and councils)GeneralUnder Comment Articl approvese 87, of paragraphthe the required Development 13. development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city funding11 councils)UN Committee to resolve approves on theEconomic, the budget required Social for urban development and Cultur developmental Rights, and redevelopment projectsGeneral Comment and plans documentation 7,, paragraphmonitors 14., allocates funding to resolve the budget for urban development projects and plans, monitors 12 UN Committee on Economic, Social and Cultural Rights, General Comment 4, paragraph 8.

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5517 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 17 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or 13  Organize activities, including allocation of land and implementation of development microevictions.-districts, They ger describe areas and in detailold parts the ofsteps the city.that should be taken before, during and after projects based on the sub-project general plans and development projects; evictions,Under Article in order 10 of to the ensure Redevelopment compliance Lawithw, theinternational Ulaanbaatar human City rightsCouncil law. makes According the final to Underthedecision guidelines, Article to approve, 10 evictions of the or not,Redevelopment must the be: work being Law, taken the Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decisionincluding to deciding approve, on or thenot, location, the work size being and taken intended forward use by of thethe Capitalland for City a redevelopment Governor includingarea,Authorized approving deciding byfunding onlaw; the from location, the city size budget, and intended and monitoring use of the implementation. land for a redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these by the General Architect; councilroles.Carried is in outrecess, in accordance the Ulaanbaatar with international City Council humanPresidium rights has law; the authority to fulfil these roles.  Oversee the development of the General Development Plan for the capital city and make At theUndertaken national level, solely the for MCUD the purpose is responsible of promoting for state the- levelgeneral policy welfare; and overseeing amendments and revisions; Atcompliance the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local compliancelevelReasonable for selecting with theand areas legislation.proporti for redevelopmentonal; The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local  Monitor processes related to urban development, land usage and protection; levelto cancel for selecting authorization areas forfor aredevelopment redevelopment and project implementing if they rule projects that the and tender has thepro cessauthority was tonot cancel carriedRegulated authorization out soin accordanceas to forensure a redevelopment with full theand regulations.fair compensationproject 110if theyThe andruleMinistry rehabilitation;that alsothe tenderarranges pro guidancecess was 110  Deliver an annual report on urban development activities to the Ministry of Construction notand carried support out for in urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program and Urban Development. andand supportplansCarried at for outthe urban instate accordance redevelopmentlevel. with the and present implements guidelines. and monitors14 priority projects, program and plans at the state level. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Under international human rights law, evictions may only be carried out as a last resort, once all feasible alternatives to eviction have been explored and when appropriate procedural  Initiate projects based on the General Development Plan, Land Development Plan and protections110 Amnesty Internationalare in place. interview Such safeguards with Ministry include: of Construction and Urban Development, 14 March the sub-project general plans and implement those activities; 1102016. Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. An opportunity for genuine consultation with those affected;  Resolve financing sources for projects and programs being implemented with local state funding;  Adequate and reasonable notice for affected people prior to the eviction;

 Select a project implementer;  Information on the proposed evictions and, where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all  Conclude a tripartite agreement for project implementation and ensure implementation those affected; of the agreement;  Government officials or their representatives to be present during the evictions;  Ensure community participation by promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Anyone carrying out the eviction to be properly identified;

 Implement regeneration activities in accordance with governmental orders;  Evictions not to take place in particularly bad weather or at night unless the affected people consent;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity.  Provision of legal remedies;

Under Article 24.3, the Capital City Governor also has the authority to organize measures for  Provision, where possible, of legal aid to people who are in need of it to seek redress the continuation and completion of a project in cases where the project implementer is from the courts. declared insolvent by the courts. Governments must also ensure that no one is rendered homeless or vulnerable to the violation The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city 13 UN Basic Principles and Guidelines on Development-based Evictions and Displacement, Annex 1 to councils) approves the required development and redevelopment documentation, allocates UN.Doc, A/HRC/4/18, 2007; available at www.ohchr.org/Documents/Issues/Housing/Guidelines_en.pdf funding to resolve the budget for urban development projects and plans, monitors 14 UN Basic Principles and Guidelines on Development-based Evictions and Displacement, Annex 1 to UN.Doc, A/HRC/4/18, 2007; available at www.ohchr.org/Documents/Issues/Housing/Guidelines_en.pdf

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 1854 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 18 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projectsof otherOrganize humanbased on activities,rights the subas a -including projectconsequence general allocation of plans eviction. of and land developmentAdequate and implement alternative projects;ation housing of development and micro-districts, ger areas and old parts of the city. compensationprojects based for on all the losses sub -mustproject be generalmade available plans and to developmentthose affected projects; prior to eviction.15 Not everyAppoint eviction a thatGeneral is carried Architect out byfor forcethe capital constitutes city for a forceda term evictionof four years– if all; the legal Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final safeguards Appoint and a protections General Architect required for under the capital international city for law a term are compliedof four years with,; and if the use decision to approve, or not, the work being taken forward by the Capital City Governor of forceEstablish is proportionate a Department and ofreasonable, Urban Development then the eviction and Construction would not violatewhich mustthe prohibition be headed including deciding on the location, size and intended use of the land for a redevelopment byon tforcedhe EstablishGeneral evictions. Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the by the General Architect; council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these ArticleOversee 17 of thethe developmentInternational ofCovenant the General on Civil Development and Political Plan Rights for the (ICCPR), capital tocity which and make roles. amendmentsMongolia Oversee is a andState the revisions; development Party, provides of theprotec Generaltion against Development arbitrary Plan and for unlawful the capital interference city and withmake privacy,amendments family andand home.revisions; The Human Rights Committee established to oversee At the national level, the MCUD is responsible for state-level policy and overseeing implementationMonitor processes of the Covenantrelated to by urban state development, parties has held land that usage forced and evictionsprotection; contravene compliance with the legislation. The Ministry approves any procedures developed at the local 16 Article Monitor17 of the processes ICCPR. related According to urban to international development, human land rightsusage lawand andprotection; standards, the level for selecting areas for redevelopment and implementing projects and has the authority protectionDeliver against an annual forced report evictions on urban applies development to everyone activities regardless to the of whetherMinistry theyof Construction have a to cancel authorization for a redevelopment project if they rule that the tender process was 110 andlegally Urban Deliverrecogni Development. anzed annual right to report live in on the urban home development or land where activities they currently to the Ministry reside. Asof Constructiona result, not carried out in accordance with the regulations. The Ministry also arranges guidance squattersand Urban and Development. those without regular title must also be protected from forced eviction. and support for urban redevelopment and implements and monitors priority projects, program Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: and plans at the state level. DespiteUnder clearthe Redevelopment international legal Law obligations, Article 11, Mongolianthe Capital residents City Governor’s affected responsibilities by redevelopment are to: remainInitiate at risk projects of forced based evictions. on the TheGeneral national Development legal and Plan,policy Land framework Development does not Plan provide and the subsameInitiate-project level projects ofgeneral protection based plans as onand international the implement General human Developmentthose activities;rights lawPlan, and Land standards. Development For instance, Plan and it doesthe notsub include-project allgeneral affected plans community and implement members those and activities; does not protect people without 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March securityResolve of tenure financing in housing sources or for on projectsprivate landand fromprograms risk ofbeing forced implemented eviction and with local state 2016. funding;homelessness. Resolve financing sources for projects and programs being implemented with local state funding; The CESCRSelect a has project emphasized implementer; that security of tenure is one of the crucial elements of the right to adequateSelect housing. a project Tenure implementer; takes various forms including rental (public and private) accommodation,Conclude a tripartite cooperative agreement housing, for lease, project owner implementation occupation, emergencyand ensure housing implementation and ofinformal the agreement;Conclude settlements. a tripartite According agreement to the forCESCR, project “[N]ot implementation withstanding and the ensure type of implementation tenure all personsof the shouldagreement; possess a degree of security of tenure with guarantees to legal protection 17 against Ensure forced community eviction, participationharassment and by promotingother threa andts.” publicizing projects, programs and plans toEnsure the public, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and In plansrespect to ofthe the public, prohibition and receive on forced feedback evictions, and complaints;the CESCR has stated that, “[s]tates parties shallImplement ensure prior regeneration to carrying activitiesout any evictions, in accordance and particularly with governmental those involving orders; large groups, that allImplement feasible alternatives regeneration are activities explored inin accordanceconsultation with with governmental the affected orders;persons, with a 18 view Concludeto avoiding, a tripartite or at least agreement minimizing, with the a citizenneed to who use is force”. the land Under and/or the real UN estate Basic owner Principles on Development-based Evictions and Displacement, “[i]n the event that agreement and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for 15 the UnderUN continuation Committee Article 24.3, onand Economic, completion the Capital Social ofCity anda project GovernorCultural in Rights, casesalso has Thewhere the right thauthority toe projectadequate to implementer organizehousing, Generalmeasures is for declaredCommentthe continuation 7,insolvent paragraphs byand the15 completion andcourts. 16. of a project in cases where the project implementer is 16 declaredSee Concluding insolvent Observations by the courts. of the Human Rights Committee: Kenya, UN Human Rights Committee, TheCCPR/CO/83/ UlaanbaatarKEN 29City April Council’s 2005, paragraph role is primarily 22available to monitor at and ensure that the Capital City Governortbinternet.ohchr.org/_layouts/treaThe Ulaanbaatar is fulfilling City his/her Council’s responsibilitiestybodyexternal/Download.aspx?symbolno=CCPR%2fCO%2f83%2fKEN& role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderLang=enGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city 17 funding councils)UN Committee to resolve approves on theEconomic, the budget required Social for urban development and Cultural development Rights, and redevelopment projectsThe right andto adequate plans documentation, monitorshousing, General , allocates Commentfunding 4, to paragraph resolve the8(a). budget for urban development projects and plans, monitors 18 UN Committee on Economic, Social and Cultural Rights, General Comment 7, paragraph 13.

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5519 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 19 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development microcannot-districts, be reached ger areason a proposed and old parts alternativ of thee amongcity. concerned parties, an independent body projects based on the sub-project general plans and development projects; havingUnder Articleconstitutional 10 of the authority, Redevelopment such as aLa courtw, the of Ulaanbaatar law, tribunal City or ombudspersonCouncil makes should the final Undermediate,decision Article toarbitrate approve, 10 of or the oradjudicate not,Redevelopment the workas appropriate”. being Law, taken the 19 Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decisionincluding to deciding approve, on or thenot, location, the work size being and taken intended forward use by of thethe Capitalland for City a redevelopment Governor includingThearea, CESCR approving deciding has fundingidentified on the from location, genuine the city sizeconsultation budget, and intended and with monitoring affecteduse of the implementation.people land foras aa fundamentalredevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,safeguardcouncil approving is inagainst recess, funding forced the from Ulaanbaatarevictions. the city Genuine Citybudget, Council consultation and monitoringPresidium includes hasimplementation. the the authority provision toWhen of fulfil full, the these by the General Architect; councilaccurateroles. is andin recess, timely theinformation Ulaanbaatar to those City affected,Council Presidium in order to has facilitate the authority their meaningful to fulfil these roles.participation in any consultation process. The information must be in a form and language  Oversee the development of the General Development Plan for the capital city and make thatAt the is nationalaccessible level, to all the affected MCUD ispeople. responsible Genuine for consultationstate-level policy also includesand overseeing the opportunity amendments and revisions; Atforcompliance the affected national wiindividuals thlevel, the thelegislation. and MCUD families isThe responsible toMinistry reflect approves forupon, state discuss, -anylevel procedures policy raise concernsand developedoverseeing and submit at the local compliancecommentslevel for selecting towi theth the authorities areas legislation. for redevelopment about The the Ministry evict andion approves implementingand any any related procedures projects plans, includinganddeveloped has the on at authority the local  Monitor processes related to urban development, land usage and protection; levelcompensationto cancel for selecting authorization and areas resettlement, forfor aredevelopment redevelopment and to receive and project implementing responses if they fromrule projects thatthe authorities.the and tender has the proAffected cessauthority was topeoplenot cancel carried should authorization out bein ableaccordance tofor participate a redevelopment with the collectively, regulations. project through 110if theyThe theirruleMinistry thatelected alsothe representatives, tenderarranges pro guidancecess was and in 110  Deliver an annual report on urban development activities to the Ministry of Construction notsmallerand carried support groups out for inand urban accordance individually. redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program andThe plansUN Basic at the Principles state level. and Guidelines on Development-based Evictions and Displacement Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: stipulate:

 Initiate projects based on the General Development Plan, Land Development Plan and 110 Amnesty“Urban International or rural planning interview and with development Ministry of Construction processes shouldand Urban involve Development, all those 14 likely March to be the sub-project general plans and implement those activities; 1102016. Amnestyaffected International and should interview include with the Ministry following of Construction elements: (a)and appropriate Urban Development, notice to 14 all March 2016.potentially affected persons that eviction is being considered and that there will be  Resolve financing sources for projects and programs being implemented with local state public hearings on the proposed plans and alternatives; (b) effective dissemination by funding; the authorities of relevant information in advance, including land records and proposed comprehensive resettlement plans specifically addressing efforts to protect vulnerable

 Select a project implementer; groups; (c) a reasonable time period for public review of, comment on, and/or objection to the proposed plan; (d) opportunities and efforts to facilitate the provision of legal,

 Conclude a tripartite agreement for project implementation and ensure implementation technical and other advice to affected persons about their rights and options; and (e) of the agreement; holding of public hearing(s) that provide(s) affected persons and their advocates with opportunities to challenge the eviction decision and/or to present alternative proposals 20  Ensure community participation by promoting and publicizing projects, programs and and to articulate their demands and development priorities”. plans to the public, and receive feedback and complaints; In July 2010 Mongolia accepted the provisions of the Optional Protocol to the ICESCR. This

 Implement regeneration activities in accordance with governmental orders; Protocol recognizes the competence of the CESCR to receive and consider communications from Mongolia about violations to the ICESCR. The CESCR will not accept any communication or take any action until all available domestic remedies have been exhausted.  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. To date, no communications have been received by the Committee from Mongolia.

Under Article 24.3, the Capital City Governor also has the authority to organize measures for In response to Mongolia’s fourth periodic report to the CESCR, the Committee raised the continuation and completion of a project in cases where the project implementer is concerns about “the negative impact the ‘Ger Area Redevelopment Regulation’ has on declared insolvent by the courts. persons whose land is subject to redevelopment, such as forced evictions, especially on those who do not have a legal title to their land and do not receive any adequate compensation or The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. 19 Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city UN Basic Principles and Guidelines on Development-based Evictions and Displacement, Annex 1 to councils) approves the required development and redevelopment documentation, allocates UN.Doc, A/HRC/4/18, 2007; paragraph 59; available at funding to resolve the budget for urban development projects and plans, monitors www.ohchr.org/Documents/Issues/Housing/Guidelines_en.pdf 20 UN Basic Principles and Guidelines on Development-based Evictions and Displacement, Principle 37.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 2054 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 20 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or 21 areprojects notOrganize provided based on activities, with the alternativesub -includingproject accommodation general allocation plans of and landin areasdevelopment and with implement basic projects; socialation ofservices development”. micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects; The CommitteeAppoint a General made several Architect recommendations for the capital cityto the for Mongolian a term of fourGovernment, years; including to Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final “amend Appoint the ‘Ger a GeneralArea Redevelopment Architect for theRegulation’ capital city as necessaryfor a term withof four a view years to; ensuring that it decision to approve, or not, the work being taken forward by the Capital City Governor does Establishnot adversely a Department impact the of ger Urban population’s Development right andto adequate Construction housing which including must be security headed including deciding on the location, size and intended use of the land for a redevelopment ofby  tenurethe EstablishGeneral and protection Architect; a Department from forcedof Urban evictions, Development without and adequate Construction compensation which must or provision be headed area, approving funding from the city budget, and monitoring implementation. When the of byalternative the General accommodation Architect; in areas with access to basic social services” and to “develop a council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these 22 legal Oversee framework the concerningdevelopment forced of the evictions General thatDevelopment is compliant Plan with for internationalthe capital city standards”. and make roles. amendments Oversee and the revisions; development of the General Development Plan for the capital city and make amendments and revisions; At the national level, the MCUD is responsible for state-level policy and overseeing  Monitor processes related to urban development, land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local  Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority 21 UNDeliver Committee an annual on Economic, report Socialon urban and developmentCultural Rights, a ctivitiesConcluding to Observationsthe Ministry on of the Construction fourth to cancel authorization for a redevelopment project if they rule that the tender process was 110 periodicand UrbanDeliver report Development. ofan Mongolia annual, report 19 June on 2015, urban page development 7, available a atctivities to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance tbinternet.ohchr.org/_layouts/TreatyBodyExternal/countries.aspx?CountryCode=MNG&Lang=ENand Urban Development. and support for urban redevelopment and implements and monitors priority projects, program and plans at the state level. 22UnderUN Committee the Redevelopment on Economic, Law Social Article and Cultural11, the Rights, Capital Concludi City Governor’sng Observations responsibilities on the fourth are to: periodicUnder report the Redevelopment of Mongolia, 19 JuneLaw 2015,Article page 11, 7, the available Capital at City Governor’s responsibilities are to:  tbinternet.ohchr.org/_layouts/TreatyBodyExternal/countries.aspx?CountryCode=MNG&Lang=ENInitiate projects based on the General Development Plan, Land Development Plan and the subInitiate-project projects general based plans onand the implement General Developmentthose activities; Plan, Land Development Plan and the sub-project general plans and implement those activities; 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March  Resolve financing sources for projects and programs being implemented with local state 2016. funding; Resolve financing sources for projects and programs being implemented with local state funding;  Select a project implementer;  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;  Ensure community participation by promoting and publicizing projects, programs and plans toEnsure the public, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Implement regeneration activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City GovernorThe Ulaanbaatar is fulfilling City his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city fundingcouncils) to resolve approves the the budget required for urban development development and redevelopment projects and plans documentation, monitors , allocates funding to resolve the budget for urban development projects and plans, monitors

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5521 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 21 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects; 2.Under REDEVELOPMENTArticle 10 of the Redevelopment Law, the Ulaanbaatar IN City Council makes the final Underdecision Article to approve, 10 of the or not,Redevelopment the work being Law, taken the Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decisionincluding to deciding approve, on or thenot, location, the work size being and taken intended forward use by of thethe Capitalland for City a redevelopment Governor includingULAANBAATARarea, approving deciding funding on the from location, the city size budget, and intended and monitoring use of the implementation. land for a redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these by the General Architect; councilroles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these The redevelopment agenda for Ulaanbaatar has been prompted by rapid unplanned roles. population growth and the environmental consequences of that growth. The agenda, as  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing outlined in the “Ulaanbaatar 2020 Master Plan and Amendments and Development amendments and revisions; Atcompliance the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local Approaches for 2030”, (Master Plan), focuses on redeveloping built-up areas, building and compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local improving infrastructure, re-housing people living in ger areas, and the demolition of unsafe levelto cancel for selecting authorization areas forfor aredevelopment redevelopment and project implementing if they rule projects that the and tender has thepro cessauthority was  Monitor processes related to urban development, land usage and protection; and/or structurally unsound buildings. The aim of redevelopment is to “ensure a healthy, safe tonot cancel carried authorization out in accordance for a redevelopment with the regulations. project 110if theyThe ruleMinistry that alsothe tenderarranges pro guidancecess was and comfortable living environment for the citizens” of Mongolia.23 110  Deliver an annual report on urban development activities to the Ministry of Construction notand carried support out for in urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program and Urban Development. High economic growth rates led by the exploitation of mineral wealth provided the impetus and plans at the state level. for the redevelopment agenda in Ulaanbaatar. However, the drop in commodity prices

Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: combined with political and economic mismanagement has seen the economic growth rate

fall from 17.3% in 2011 to 2.3% in 2015. According to the Asian Development Bank (ADB) 110  Initiate projects based on the General Development Plan, Land Development Plan and the Amnestygrowth rateInternational for 2016 interview is expected with Ministry to be less of Construction than 1%.24 and This Urban has Development,negatively impacted 14 March the 110 the sub-project general plans and implement those activities; 2016.pace Amnesty of redevelopment International interviewand jeopardized with Ministry the ofability Construction of some and private Urban developers Development, to carry14 March out or 2016.complete construction work approved under the redevelopment agenda.  Resolve financing sources for projects and programs being implemented with local state funding; 2.1 POPULATION GROWTH AND POLLUTION IN ULAANBAATAR Of a total population of approximately 3 million in Mongolia, 1.3 million live in Ulaanbaatar.  Select a project implementer; According to the 2010 Population and Housing Census, Ulaanbaatar’s population grew 5.4% annually between 2000 and 2010 with many of the new residents moving into ger areas.25  Conclude a tripartite agreement for project implementation and ensure implementation The largest increase in the population is from internal migration as people from the of the agreement; countryside, including former nomadic herders and their families move to the city looking for economic opportunities and better access to services. The city’s population is projected to  Ensure community participation by promoting and publicizing projects, programs and increase to 1.6 million by 2020 and 2.1 million by 2030.26 plans to the public, and receive feedback and complaints;

Approximately 60% of Ulaanbaatar residents live in ger areas, key target areas for  Implement regeneration activities in accordance with governmental orders; redevelopment. Residents of these areas do not necessarily live in gers, which are Mongolian traditional round felt dwellings.27 A ger area combines both houses made of brick or  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity.

23 Urban Redevelopment Law, Article 1. Under Article 24.3, the Capital City Governor also has the authority to organize measures for the continuation and completion of a project in cases where the project implementer is 24 ADB, Mongolia country page, available at www.adb.org/countries/mongolia/economy declared insolvent by the courts. 25 National Statistics Office, Main findings of the 2010 Population and Housing Census, available at www.slideshare.net/Ochiro/mongolia-2010-population-census-main-findings The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. 26 Mongolian Statistical Information Service website, available at www.1212.mn Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city 27 Although gers remain a popular dwelling in Mongolia they do not meet modern standards for adequate councils) approves the required development and redevelopment documentation, allocates housing. While the redevelopment agenda appears to have received widespread support, some news funding to resolve the budget for urban development projects and plans, monitors articles, NGOs and residents noted that some households would prefer to have infrastructure developed to allow them to stay in their gers rather than move into an apartment. See Peter Geoghegan, Life in

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 2254 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 22 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projectsmakeshift Organize based construction on activities, the sub materials -includingproject andgeneral allocation gers. plans The ofse and landareas development and are implement characterized projects;ation by of lack development of paved micro-districts, ger areas and old parts of the city. roadsprojects and limitedbased on infrastructure the sub-project including general access plans toand water, development sanitation, projects; and heating. 28 Houses in theAppoint ger areas a General are more Architect likely to for be the connected capital cityto water for a andterm sewage of four thanyears gers.; 29 Ger areas Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final also lackAppoint social a infrastruct General Architecture such foras schoolsthe capital and city hospitals. for a term Poverty of four and years unemployment; rates decision to approve, or not, the work being taken forward by the Capital City Governor are higherEstablish in ger a Department areas than inof otherUrban areas Development of the city. and Construction which must be headed including deciding on the location, size and intended use of the land for a redevelopment by the EstablishGeneral Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the Gerby areas the General comprise Architect; fenced plots of land known as khashaas. On a typical khashaa will be a council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these houseOversee and one the or development more gers, which of the may General accom Developmentmodate extended Plan forfamily the capitalmembers city such and asmake a roles. amendmentsson or Overseedaughter, and the their revisions; development spouse and of children. the General In such Development cases, one Plan khashaa for the, will capital house city multiple and make families.amendments Some peopleand revisions; use the space on their khashaa to set up workshops for business At the national level, the MCUD is responsible for state-level policy and overseeing purposes,Monitor or processesrent the space related for totenan urbants todevelopment, set up a ger. land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local  Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority The largeDeliver and an unplanned annual report growth on urbanof the developmentcity, and particularly activities of to ger the areas, Ministry has of created Construction to cancel authorization for a redevelopment project if they rule that the tender process was 110 andsignificant UrbanDeliver environmentalDevelopment. an annual report challenges, on urban particularly development from a airctivities and soil to thepollution. Ministry A of2011 Construction World not carried out in accordance with the regulations. The Ministry also arranges guidance Bankand studyUrban on Development. air pollution found that Ulaanbaatar was among the cities with the worst air and support for urban redevelopment and implements and monitors priority projects, program Underquality thein theRedevelopment world and that Law ger Article households 11, the were Capital the mainCity Governor’scause, and responsibilities the main casualties, are to: and plans at the state level. 30 of Underair pollution. the Redevelopment Air pollution Law levels Article in Ulaanbaatar 11, the Capital are particularlyCity Governor’s high responsibilities during the winter are to: o monthsInitiate when projects temperatures based oncan the reach General -30 C.Development Due to the lackPlan, of Land access Development to heating, Plan ger areaand theresidents, subInitiate-project particularly projects general thosebased plans living onand the implementin Generalgers, are Development thoseforced activities; to burn Plan, wood, Land coal Development and, in some Plan poorer and 31 families,the sub old-project tires generaland plastics, plans inand order implement to stay warm.those activities; Other key sources of air pollution 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March 32 include Resolve power financing plants, heat sources-only for boilers projects and andcar programsexhaust. being implemented with local state 2016. funding; Resolve financing sources for projects and programs being implemented with local state funding;  Select a project implementer; Ulaanbaatar’s Select tent a project city is hardimplementer; – but Mongolians won’t give up their gers, The Guardian, 3 September 2014,Conclude available aat tripartitewww.theguardian.com/cities/2014/sep agreement for project implementation-03/mongolia-ulanbaatar and ensure-ger implementation-yurt-tent-city of28 Articlethe agreement;Conclude 4.1.2 of athe tripartite Urban Redevelopment agreement for Law project defines implementation ger areas as a “ dwellingand ensure area implementationwith gers and housesof the without agreement; full social and engineering infrastructure”.  Ensure community participation by promoting and publicizing projects, programs and 29 plans Mongolian toEnsure the Nationalpublic, community andStatistics receive participation Office, feedback United by andpromotingNations complaints; Population and publicizing Fund (UNFPA) projects, and Theprograms United and Nationsplans Children'sto the public, Fund worksand receive for children's feedback rights, and survival, complaints; development and protection (UNICEF) “Mongolia:Implement Social regenerationIndicator Sample activities Survey (SISS)in accordance 2013 Key with Findings,” governmental June 2014, orders; available at microdata.worldbank.org/index.php/catalog/2535/download/36784 Implement regeneration activities in accordance with. governmentalThe percentage orders;of households with electricityConclude in Ulaanbaatar a tripartite is 98.4%.agreement with a citizen who is the land and/or real estate owner and30 World a legalConclude Bank, entity. Air aQuality tripartite Analysis agreement of Ulaanbaatar: with a citizenimproving who air is quality the land to reduce and/or health real risksestate, owner Discussionand a legal Paper entity. V1 66082, December 2011, available at: www- Underwds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/01/16/000386194_2012011602 Article 24.3, the Capital City Governor also has the authority to organize measures for the5654/Rendered/PDF/660820v10revis00Mongolia0Report0Web.pdfUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is 31 HlerGudjonsson,declared insolvent Displaced by the Mongolian courts. herders destined for life of deprivation in urban slums, TheInternational Ulaanbaatar Federation City Council’sof the Red roleCross, is 6primarily April 2016, to monitoravailable andat: www.ifrc.org/en/news ensure that the Capital-and- City Governormedia/newsThe Ulaanbaatar is-stories/asia fulfilling City -his/herpacific/mongolia/displaced Council’s responsibilities role is primarily for-mongolian implementing to monitor-herders and the-destined ensureredevelopment-for that-a-life the-of Capitalagenda.-deprivation City - Underin-Governorurban Articl-slums ise -fulfilling872090 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)32 UnderWorld Bank,Articl approves Aire 8 Quality of the the required AnalysisDevelopment ofdevelopment Ulaanbaatar: Law, the and improving Ulaanbaatar redevelopment air quality City Counciltodocumentation reduce (and health aimag ,risks allocates , city fundingDiscussioncouncils) to Paper resolve approves V1 the66082, the budget required December for urban development 2011, development available and at: redevelopment projectswww- and plans documentation, monitors , allocates wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/01/16/000386194_2012011602funding to resolve the budget for urban development projects and plans, monitors 5654/Rendered/PDF/660820v10revis00Mongolia0Report0Web.pdf

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Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5523 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 23 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development microThe main-districts, causes ger of areas soil pollutionand old partsin Ulaanbaatar of the city. include the increasing number of vehicles, projects based on the sub-project general plans and development projects; industrUnder Articleial waste, 10 andof the pit Redevelopment latrines used by La gerw, areathe Ulaanbaatarresidents.33 CityResidents Council living makes in gersthe finalor Underhousesdecision Article in to ger approve, 10areas of thewhich or not,Redevelopment are the not work linked being La tow, takensewerage the Ulaanbaatarforward pipes by rely the City on Capital Councilpit latrines City makes Governor and the access final to  Appoint a General Architect for the capital city for a term of four years; decisionpublicincluding toilets. to deciding approve, According on or thenot, to location, thethe work2010 size being Population and taken intended forwardand Housinguse by of thethe Census, Capitalland for lessCity a redevelopment thaGovernorn half, 42.4%, includingofarea, houses/buildings approving deciding funding on nationwide the from location, th hade city size indoor budget, and toilet intended and facilities. monitoring use of34 theIn implementation. ger land areas for athe redevelopment majority When theof  Establish a Department of Urban Development and Construction which must be headed area,councilresidents approving is usein recess, pit funding latrines the fromUlaanbaatar either th eon city their Citybudget, khashaa Council and or monitoringPresidium communal hasimplementation. latrines the authority located toWhennearby. fulfil the theseThis by the General Architect; councilcanroles. lead is toin arecess, number the of Ulaanbaatarhealth risks Cityincluding Council hepatitis Presidium A, dysentery, has the authority salmonella to fulfil infections these roles.and diarrhoea. 35  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing amendments and revisions; At2.2compliance the THE national REDEVELOPMEN wi thlevel, the thelegislation. MCUDT AGENDA isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local complianceUntillevel forrecently selecting wi thger the areas legislation. infor Ulaanbaatar redevelopment The Ministry were and viewedapproves implementing by anythe proceduresgovernment projects anddeveloped as temporaryhas the at authority the local  Monitor processes related to urban development, land usage and protection; levelaccommodationto cancel for selecting authorization and areas were forfor neglected aredevelopment redevelopment in terms and project of implementing planning if they and rule projectsdevelopment, that the and tender has including thepro cessauthority access was totonot cancele ssentialcarried authorization outservices in accordance such for asa redevelopment water, with the sanitation regulations. project and 110heating.if theyThe ruleMinistry Starting that alsothe in the tenderarranges year pro 2000, guidancecess thewas 110  Deliver an annual report on urban development activities to the Ministry of Construction notpolicyand carried support toward out for ger in urban accordanceareas redevelopment began with to shift the andtoregulations. recognize implements them The and as Ministry monitorsareas of also bothpriority arranges permanent projects, guidance and program and Urban Development. andtemporaryand supportplans atresidence. for the urban state36 redevelopmentlevel. This shift reflected and implements the increasing and impact monitors the priority ger areas projects, were havingprogram on andthe plansenvironment at the stateand thelevel. health of Ulaanbaatar residents. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: In 2008, the Mongolian parliament (State Great Khural) passed an Urban Development Law  Initiate projects based on the General Development Plan, Land Development Plan and 110to regulateAmnesty cityInternational and town interview planning. with According Ministry of toConstruction this law, citiesand Urban and Development,towns must develop 14 March a the sub-project general plans and implement those activities; 1102016.genera Amnesty l development International plan. interview The withcurrent Ministry general of Construction development and plan Urban for Development, Ulaanbaatar 14 is Marchthe 2016.“Ulaanbaatar 2020 Master Plan and Amendments and Development Approaches for 2030”  Resolve financing sources for projects and programs being implemented with local state (Master Plan) which was approved by the Ulaanbaatar City Council and the Parliament in funding; 2013.37

 Select a project implementer; The three main types of redevelopment projects for residential housing are: ger area redevelopment; redevelopment of inadequate public housing not complying with operational  Conclude a tripartite agreement for project implementation and ensure implementation requirements; and community-initiated redevelopment.38 Each of these is managed by a of the agreement;

 Ensure community participation by promoting and publicizing projects, programs and 33 B. Dulguun, Poor outhouse management increases risk of infectious disease outbreak, UB Post, 8 plans to the public, and receive feedback and complaints; April 2016, available at: ubpost.mongolnews.mn/?p=19169

34 Mongolian National Statistics Office, Main findings of the 2010 Population and Housing Census,  Implement regeneration activities in accordance with governmental orders; available at: en.ubseg.gov.mn/content/49

 Conclude a tripartite agreement with a citizen who is the land and/or real estate owner 35 B. Dulguun, Poor outhouse management increases risk of infectious disease outbreak, UB Post, 8 and a legal entity. April 2016, available at: ubpost.mongolnews.mn/?p=19169. A World Bank 2013 survey showed 50.6% of children under five in Ulaanbaatar had sought advice or treatment for diarrhoea in the last two weeks Under Article 24.3, the Capital City Governor also has the authority to organize measures for from a health facility or provider. Available at: microdata.worldbank.org/index.php/catalog/2535 the continuation and completion of a project in cases where the project implementer is 36 Amnesty International interview with UN-Habitat, 16 March 2016. declared insolvent by the courts. 37 GADA (current GAIA), Operational report of the Capital City Ger Area Development Agency 2014, p77; The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City unofficial English language translation on file with Amnesty International. The GADA Operational Report Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. is a biannual report produced by GAIA updating progress on ger area redevelopment subprojects. Ger Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city area redevelopment plans were approved by the City Council resolutions 7/29 and 12/43 in 2013 and councils) approves the required development and redevelopment documentation, allocates resolution 14/02 in 2014. funding to resolve the budget for urban development projects and plans, monitors 38 Under the Redevelopment Law a fourth area of redevelopment is to bring existing built-up areas into line with the Master Plan and other development and redevelopment strategies and plans.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 2454 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 24 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projectsdifferent Organize basedagency on activities, under the sub the -including projectUlaanbaatar general allocation City plans Mayor’s of and land developmentOffice. and implement projects;ation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects; Implementation Appoint a General of the gerArchitect area redevelopment for the capital projectcity for is a overseenterm of four by theyears Ger; Area Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Infrastructure Appoint Agency a General (GAIA), Architect which for was the established capital city on for 22 a termDecember of four 2012 years ;and prior to decision to approve, or not, the work being taken forward by the Capital City Governor 2016Establish was known a Department as the Ger Aofrea Urban Development Development Agency and (GADA). Construction GAIA whichserves mustas the be headed including deciding on the location, size and intended use of the land for a redevelopment bySecretariat the EstablishGeneral to the Architect; a ProjectDepartment Steering of Urban Committee, Development which wasand setConstruction up under thewhich Ulaanbaatar must be headed City area, approving funding from the city budget, and monitoring implementation. When the Mayor’sby the OfficeGeneral with Architect; responsibility for overseeing and monitoring the ger area redevelopment council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these project.Oversee The gerthe areadevelopment redevelopment of the projectGeneral covers Development 24 locations Plan forin eightthe capital districts city39 and make roles. 40 amendmentscomprising Oversee 75 and thesubprojects revisions; development and coveringof the General approximately Development 1,500ha Plan or for 16,109 the capital sites. city This and make representsamendments 14-15% and revisions;of Ulaanbaatar territory and affects 9% of the city’s population.41 In At the national level, the MCUD is responsible for state-level policy and overseeing MarchMonitor 2016, processes GAIA offici relatedals told to Amnestyurban development, International land that usage 54 sub and-projects protection; have been compliance with the legislation. The Ministry approves any procedures developed at the local 42 completed Monitor and processes25 are under related construction. to urban development, However, in land a letter usage dated and 7protection; September 2016, level for selecting areas for redevelopment and implementing projects and has the authority the CityDeliver General an annual Planning report Agency on urban noted development that as of September activities to2016, the Ministryof the 75 of subConstruction-projects, to cancel authorization for a redevelopment project if they rule that the tender process was 110 andthe plansUrbanDeliver for Development. 44 an hadannual been report approved; on urban six haddevelopment not been aapproved.ctivities to Also, the Ministryprivate developers of Construction in not carried out in accordance with the regulations. The Ministry also arranges guidance tenand sub Urban-project Development. areas had had their authorization cancelled, and that private developers had and support for urban redevelopment and implements and monitors priority projects, program Undernot been the selected Redevelopment for 15 sub Law-project Article areas. 11, the43 Capital City Governor’s responsibilities are to: and plans at the state level. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: The CityInitiate General projects Planning based Agency on the General(GPA) over Developmentsees the redevelopment Plan, Land Development of buildings Planthat haveand thebeen sub classifiedInitiate-project projects asgeneral inadequate based plans on andpublic the implement Generalhousing Developmentthosenot complying activities; Plan, with Land operational Development requirements Plan and (inadequatethe sub-project public general housing), plans which and meansimplement apartment those activities;buildings that have been assessed to 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March be unsafeResolve and/or financing structurally sources uns foround. projects Under and Article programs 15.1 being of the implemented 1999 Housing with Law, local it stateis 2016. 44 prohibitedfunding; Resolve to use financing any inadequate sources forpublic projects housing. and programs The GPA being is currently implemented implementing with local 85 state 45 projectsfunding; to redevelop inadequate public housing buildings.  Select a project implementer;  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation 39 of Therethe agreement;Conclude are nine districtsa tripartite in Ulaanbaatar, agreement six for central project districts implementation and three rural and districts. ensure Theimplementation ger area redevelopmentof the agreement; project has sub-projects in all six central districts and two of the rural districts. 40 ListEnsure of issues community in relation participationto the fourth periodic by promoting review of and Mongolia publicizing Addendum: projects, Replies programs of Mongolia and to plansthe list to Ensureof theissues, public, community 12 May and 2015, receive participation p14, feedback available by andpromotingat: complaints; and publicizing projects, programs and tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbplans to the public, and receive feedback and complaints; olno=E%2fC.12%2fMNG%2fQ%2e 4%2fAdd.1&Lang=en Implement regeneration activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders; 41  DemocracyConclude Paper, a tripartite M. Enkhbaatar: agreement it is withnecessary a citizen to understand who is the that land ger and/orarea development real estate is ownera huge scheme, 21 August 2015, No. 136/2259; Daily News, Bat-Uul, Mayor introduces ger re-planning and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner project,and a 24 legal March entity. 2016, pp1&5; on file with Amnesty International. Under42 Amnesty Article International 24.3, the interview Capital withCity GAIA, Governor 15 March also has2016. the authority to organize measures for theUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for 43 declared theCity continuation General insolvent Planning byand theAgency completion courts. letter toof Amnesty a project International, in cases where 7 September the project 2016, implementer Ref 09\2588; is unofficialdeclared English insolvent language by the translation courts. on file with Amnesty International. The44 Housing Ulaanbaatar Law, passed City Council’sby the Mon rolegolian is Parliamentprimarily toon monitor22 April 1999and ensure and amended that the on Capital 2 February, City 15 GovernorMayThe 2003 Ulaanbaatar isand fulfilling 18 June City his/her 2003; Council’s 27responsibilities January role is2005; primarily for29 implementingJune to monitor2006; 9 Februaryand the ensureredevelopment 2011, that and the 23 Capitalagenda. January City and Under4 DecemberGovernor Articl 2015;onise fulfilling8 of the file Development his/herwith Amnesty responsibilities International.Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city 45 funding councils)Amnesty to Internationalresolve approves the the budgetinterview required for with urban development GPA, development 21 March and 2016. redevelopment projects There mayand beplans documentation other, monitors projects to, allocatesre-house residentsfunding living to resolve in structurally the budget unsound for buildingsurban development but which are projects not being and overseen plans ,by monitors the GPA. For example, if there is no tripartite agreement – a contract signed between the landowner or possessor, the private developer and the Governor outlining the terms of the resettlement and compensation package

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5525 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 25 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development microThe community-districts, ger-initiated areas andredevelopment old parts of project the city. is overseen by the Ger Area Housing Project projects based on the sub-project general plans and development projects; (GAHP).Under Article These 10 are of redevelopment the Redevelopment plans Lainw, ger the areas Ulaanbaatar which are City initiated Council by makescommunities the final to Underdevelopdecision Article theirto approve, 10own of area. the or not,RedevelopmentThere the are work eight being LaGAHPw, taken the plans Ulaanbaatarforward but none by the Cityhave Capital Council been Cityimplemented makes Governor the final as of  Appoint a General Architect for the capital city for a term of four years; decisiontheincluding July to2016. deciding approve, The on GAHPor thenot, location,also the haswork othersize being and tas taken ksintended related forward useto byensuring of thethe Capitalland community for City a redevelopment Governor participation in includingareasarea, approvingaffected deciding by funding the on gerthe from arealocation, thredevelopmente city size budget, and intended project.and monitoring use of the implementation. land for a redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these by the General Architect; councilThisroles. document is in recess, focuses the onUlaanbaatar the first two City areas Council of redevelopment: Presidium has gerthe areaauthority redevelopment to fulfil these and roles.the redevelopment of inadequate public housing, overseen by GAIA and the GPA respectively.  Oversee the development of the General Development Plan for the capital city and make TheseAt the twonational projects level, represent the MCUD the isbulk responsible of the redevelopment for state-level agenda policy andthat overseeingaffects residents’ amendments and revisions; Atrightcompliance the to national adequate wi thlevel, thehousing. thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local  Monitor processes related to urban development, land usage and protection; level2to. 3cancel FINANCINGfor selecting authorization REDEVELOareas forfor aredevelopment redevelopmentPMENT and project implementing if they rule projects that the and tender has thepro cessauthority was 110 toFinancingnot cancel carried authorization for out redevelopment in accordance for a redevelopment projects with the comes regulations. project from state if theyThe budget, ruleMinistry that capital alsothe tendercityarranges budget, pro guidancecess issuances was 110  Deliver an annual report on urban development activities to the Ministry of Construction notofand government carried support out for inbonds, urban accordance andredevelopment from with private the andregulations. developers. implements The The and government’s Ministry monitors also priority main arranges budgetprojects, guidance allocation program and Urban Development. andforand ger supportplans area at redevelopmentfor the urban state redevelopmentlevel. is for laying and the implements infrastructure and for monitors water, priorityheating, projects, sanitation program and androad plans works, at tothe connect state level. the new buildings to basic services. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Private developers, referred to as project implementers, selected by the government to  Initiate projects based on the General Development Plan, Land Development Plan and implement110 Amnesty aInternational redevelopment interview project with forMinistry ger areas of Construction or inadequate and Urban public Development, housing are 14 March the sub-project general plans and implement those activities; 1102016.responsible Amnesty International for financing interview the construction with Ministry project. of Construction46 This includesand Urban funds Development, to cover 14 tempor Marchary 2016.resettlement and compensation. Typically, the private developer is responsible for  Resolve financing sources for projects and programs being implemented with local state constructing apartment buildings and aims to recover the costs by building more apartments funding; than are needed to re-house affected residents and selling the extra apartments.

 Select a project implementer; The economic downturn has negatively impacted both the government’s and private developers’ ability to fund the redevelopment agenda. This applies to both the ger area  Conclude a tripartite agreement for project implementation and ensure implementation redevelopment and redevelopment of inadequate public housing. For example, in 2015, 5.9 of the agreement; billion Mongolian Tughrik (2.8 million USD) from the issuance of government bonds, called Chinggis Bonds, was approved for financing infrastructure construction and engineering  Ensure community participation by promoting and publicizing projects, programs and preparatory works for a ger area redevelopment sub-project in the 7thkhoroo (administrative plans to the public, and receive feedback and complaints; unit) of Chingeltei district but not made available due to the economic downturn.47

 Implement regeneration activities in accordance with governmental orders; Some project implementers have also run into financial difficulty which means that their projects have stalled or have not been able to get started. For example, ger area landowners  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and possessors in the 9th and 10thkhoroos of Chingeltei district signed agreements with the and a legal entity. private developer selected to carry out redevelopment in their area in 2013 but the project stalled because, according to the residents, the private developer has run into financing Under Article 24.3, the Capital City Governor also has the authority to organize measures for the continuation and completion of a project in cases where the project implementer is declared insolvent by the courts. agreed - then the government does not guarantee the process or mediate in the case of disputes.

46 Urban Redevelopment Law, Article 23.1.3. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. 47 Parliamentary Standing Committee on Complaints, Report of the Working Group on Improvement of Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Ger Area Conditions and Progress of Redevelopment Planning Projects in Accordance with Complaints councils) approves the required development and redevelopment documentation, allocates Received by Residents to the Parliamentary Standing Committee on Complaints”, 2015; unofficial funding to resolve the budget for urban development projects and plans, monitors English language translation on file with Amnesty International.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 2654 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 26 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or problems.48 On 30 June 2016 the then-Capital City Governor and Ulaanbaatar City Mayor projects Organize based on activities, the sub -includingproject general allocation plans of and land development and implement projects;ation of development micro-districts, ger areas and old parts of the city. issuedprojects a Decree based cancelling on the sub authorization-project general of theplans private and developmentdeveloper for projects;not having carried out any work for up to six months and for committing “repeated serious operational violations”.49  Appoint a General Architect for the capital city for a term of four years; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final  Appoint a General Architect for the capital city for a term of four years; decision to approve, or not, the work being taken forward by the Capital City Governor International development organizations also play a role in Ulaanbaatar’s redevelopment  Establish a Department of Urban Development and Construction which must be headed including deciding on the location, size and intended use of the land for a redevelopment agenda through capacity building, technical assistance, and/or direct engagement in by the EstablishGeneral Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the redevelopment projects. Key players providing technical and other support are the Japan by the General Architect; council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these International Cooperation Agency (JICA), UN-Habitat, and the ADB.50 JICA has provided  Oversee the development of the General Development Plan for the capital city and make roles. extensive technical assistance since 2007 including providing technical advice for amendments Oversee and the revisions; development of the General Development Plan for the capital city and make developing the Master Plan. amendments and revisions; At the national level, the MCUD is responsible for state-level policy and overseeing  Monitor processes related to urban development, land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local

 Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority  Deliver an annual report on urban development activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was 48 Amnesty International interview with ChingelteiSarwol Resident’s Committee to Support the Ger Area 110 and UrbanDeliver Development. an annual report on urban development activities to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance th th Houseand Project,Urban Development.which represent residents in the 9 and 10 khoroos of Chingeltei, 7 December 2015. and support for urban redevelopment and implements and monitors priority projects, program 49Under Decrees the A/568Redevelopment and A/572 issuedLaw Article by the 11,Capital the City Capital Governor City and Governor’s Ulaanbaatar responsibilities City Mayor, 30 are June to: and plans at the state level. 2016;Under unofficial the Redevelopment English language Law translation Article 11,on file the with Capital Amnesty City International. Governor’s responsibilities are to:  Initiate projects based on the General Development Plan, Land Development Plan and 50 This is not an extensive list. Other international development agencies such as The World Bank and the subInitiate-project projects general based plans onand the implement General Developmentthose activities; Plan, Land Development Plan and German Agency for Technical Cooperation have initiated or supported projects to reduce pollution in ger the sub-project general plans and implement those activities; 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March areas or been involved in other housing improvement projects in ger areas in Ulaanbaatar. The ADB told  Resolve financing sources for projects and programs being implemented with local state 2016. Amnesty International that they are working with the capital city government to develop the infrastructure funding; Resolve financing sources for projects and programs being implemented with local state to build sub-centres outside the city centre to reduce congestion and increase the supply of affordable funding; housing. The resettlement of residents affected by the ADB-led infrastructure development falls under  Select a project implementer; the ADB’s own standards and guidelines for resettlement. This means that, unlike other areas that fall  Select a project implementer; under the capital city government’s redevelopment agenda, all residents including non-landowners and  Conclude a tripartite agreement for project implementation and ensure implementation possessors are involved in the consultation and eligible for compensation. Bilateral and multilateral of the agreement;Conclude a tripartite agreement for project implementation and ensure implementation donors have a responsibility to ensure that they do not support projects and programmes that lead to, or of the agreement; contribute to, violations to the right to adequate housing, including forced evictions.  Ensure community participation by promoting and publicizing projects, programs and plans toEnsure the public, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Implement regeneration activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City GovernorThe Ulaanbaatar is fulfilling City his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city fundingcouncils) to resolve approves the the budget required for urban development development and redevelopment projects and plans documentation, monitors , allocates funding to resolve the budget for urban development projects and plans, monitors

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5527 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 27 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects; 3.Under SHORTCOMINGSArticle 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Underdecision Article to approve, 10 of the or not,Redevelopment the work being Law, taken the Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decisionincluding to deciding approve, on or thenot, location, the work size being and taken intended forward use by of thethe Capitalland for City a redevelopment Governor Redevelopment often requires some amount of relocation of people. However, any eviction includingarea, approving deciding funding on the from location, the city size budget, and intended and monitoring use of the implementation. land for a redevelopment When the must be carried out in line with Mongolia’s obligations under international human rights law  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these and standards. The possibility of removing people - landowners and possessors and non- by the General Architect; councilroles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these landowners and possessors alike- from their land and housing for redevelopment without roles. adequate protection from forced eviction does not meet international human rights standards.  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing Protection includes the inclusion of all parties in genuine consultation and safeguards to amendments and revisions; Atcompliance the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local ensure that there are no forced evictions and that nobody is left homeless as a result of compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local evictions. Particularly worrying is the lack of clarity in current legislation and procedures levelto cancel for selecting authorization areas forfor aredevelopment redevelopment and project implementing if they rule projects that the and tender has thepro cessauthority was  Monitor processes related to urban development, land usage and protection; about the process for project implementers to acquire the land if landowners and possessors tonot cancel carried authorization out in accordance for a redevelopment with the regulations. project 110if theyThe ruleMinistry that alsothe tenderarranges pro guidancecess was refuse to sign a tripartite agreement. 110  Deliver an annual report on urban development activities to the Ministry of Construction notand carried support out for in urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program and Urban Development. GAIA officials informed Amnesty International that there have been no cases of evictions with and plans at the state level. reference to the redevelopment process. However, this was difficult to verify as the Court

Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Decision Enforcement Agency (CDEA), which is responsible for implementing court decisions

including carrying out evictions, told Amnesty International that they do not keep records of 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March  Initiate projects based on the General Development Plan, Land Development Plan and evictions they carry out.51 the sub-project general plans and implement those activities; 1102016. Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. According to the Land Law, eviction from residential land may only take place between 15  Resolve financing sources for projects and programs being implemented with local state May and 15 September.52 However, the limitation on when evictions can be carried out is funding; undermined by a provision in the Law on Court Decision Enforcement Agency that states evictions can take place at any time of the year, with possible exceptions being granted  Select a project implementer; during winter.53 Despite the government’s claim that no evictions have taken place, two Amnesty International staff members witnessed an eviction carried out in a redevelopment  Conclude a tripartite agreement for project implementation and ensure implementation affected area in early March 2016 when temperatures in Ulaanbaatar are averaging below of the agreement; 0°C.

 Ensure community participation by promoting and publicizing projects, programs and 3.1 NO RIGHTS FOR NON-LAND OWNERS AND POSSESSORS plans to the public, and receive feedback and complaints; A key component to ensure that forced evictions do not take place is genuine consultation with all affected residents. However, under the existing Mongolian laws and policies only the  Implement regeneration activities in accordance with governmental orders; landowner or possessor, specifically the person whose name is on the title deed, has any rights, including the right to be consulted and to receive compensation.54  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity.

Under Article 24.3, the Capital City Governor also has the authority to organize measures for 51 Amnesty International interview with Court Decision Enforcement Agency, 14 March 2016. the continuation and completion of a project in cases where the project implementer is declared insolvent by the courts. 52 Land Law, article 42.4.

53 Article 68.6 of the Law on Court Decision Enforcement Agency, passed by the Parliament on 10 The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City January 2001 and amended on 12 April, 13 June and 4 July 2002; 2 January and 30 May 2003; 7 July Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. 2005; 2 and 3 August 2007; 3 December 2009; 10 June and 2 December 2010; 17 August 2012; 5 Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city July 2013; 16 January and 5 December 2014; 5 February 2015; 3 December 2015, and 4 February councils) approves the required development and redevelopment documentation, allocates 2016. funding to resolve the budget for urban development projects and plans, monitors 54 Articles 3.1.2, 3.1.3 and 3.1.4 of the Land Law provide definitions of land ownership, possession and use. Owning land means “to be in legitimate control of the land with the right to dispose of the land”;

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 2854 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 28 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or Landownershipprojects Organize based onoractivities, thepossession sub -includingproject of a generalkhashaa allocation plans can ofbe and land in developmentthe and name implement of moreprojects;ation than of one development person but it micro-districts, ger areas and old parts of the city. is projectscommon based that the on titlethe subwill- projectbe in the general name plansof the and head development of the household, projects; or the person who had timeAppoint to get a General the paperwork Architect done. for 55the capital city for a term of four years; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final  Appoint a General Architect for the capital city for a term of four years; decision to approve, or not, the work being taken forward by the Capital City Governor Residents Establish who ado Department not hold titles of Urban to the Development land or real estateand Construction they occupy, which including must familybe headed including deciding on the location, size and intended use of the land for a redevelopment membersby the EstablishGeneral and extended Architect; a Department family ofhouseholds, Urban Development are reliant andon the Construction landowner whichor possessor must be to headed area, approving funding from the city budget, and monitoring implementation. When the protectby the their General interests. Architect; If the landowner or possessor is unwilling or unable to negotiate a council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these compensation Oversee the package development that provides of the Generalfor the extended Development family Plan members for the thencapital the city family and must make roles. makeamendments alternativeOversee and the arrangements. revisions; development Accordingof the General to GAIA, Development in cases wherePlan for there the iscapital an extended city and make familyamendments living on anda khashaa revisions; it is up to the landowner or possessor to negotiate compensation At the national level, the MCUD is responsible for state-level policy and overseeing as bestMonitor they can.processes56 People related who toare urban renting development, also have no land voice usage in the and redevelopment protection; process. compliance with the legislation. The Ministry approves any procedures developed at the local  Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority Currently Deliver there an annualare no specialreport on measures urban development to ensure equal activities participation to the Ministry of all and of Constructionconsultation to cancel authorization for a redevelopment project if they rule that the tender process was 110 withand UrbanthoseDeliver affectedDevelopment. an annual by the report redevelopment on urban development in specific and activities different to theways Ministry including of Constructionwomen, the not carried out in accordance with the regulations. The Ministry also arranges guidance elderly,and Urban youth Development. and people with disabilities.57 For example, while the Development Law and support for urban redevelopment and implements and monitors priority projects, program includesUnder the a Redevelopmentclause to ensure Law that Article new infrastructure 11, the Capital must City include Governor’s conditions responsibilities for easy access are to: and plans at the state level. forUnder people the with Redevelopment disabilities, there Law Articleis no provision 11, the requiringCapital City consultation Governor’s on responsibilities the planning andare to: design Initiate of the projects new infrastructure based on the with General people Development with disabilities Plan, who Land may Development not be title Planholders and but wouldthe sub neverthelessInitiate-project projects general be affectedbased plans onand by the implementthe General redevelopment. Developmentthose activities; If the Plan, landowner Land Development or possessor Planfails andto raisethe issuessub-project or negotiate general to plans obtain and needed implement provisions those for activities; any disabled person living in their 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March khashaaResolve or home, financing then sourcesthere is forno projectsother way and for programs that disabled being person implemented to engage with in localthe state 2016. 58 process.funding; Resolve financing sources for projects and programs being implemented with local state funding; The RedevelopmentSelect a project Lawimplementer; also does not explicitly recognize that different groups may be affected Select differently a project by redevelopmentimplementer; and make provisions to ensure that their rights are equally Conclude protected. a tripartite This should agreement cover thefor projectfull spectrum implementation of affected and persons, ensure including implementation of  the agreement;Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; possession Ensure is communityto “be in legitimate participation control ofby the promoting land in accordance and publicizing with the projects, purpose of programs its use and and terms andplans conditions toEnsure the public, specifiedcommunity and in receiverespective participation feedback contracts”; by andpromoting and complaints; to use and land publicizing is “to undertake projects, a legitimate programs and and concreteplans toactivity the public,to make anduse ofreceive some offeedback the land’s and characteristics complaints; in accordance with contracts made with theImplement owners or regeneration possessors of activitiesthe land. in accordance with governmental orders;

55 AmnestyImplement International regeneration interview activitieswith Steps inWithout accordance Borders, with 14 Marchgovernmental 2016. orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner 56 and Amne a legalConcludesty International entity. a tripartite interview agreement with GAIA, with 15 aMarch citizen 2016. who is the land and/or real estate owner 57 andThe aGeneral legal entity.Administrative Law was adopted by the Mongolian Parliament on 19 June 2015 and cameUnder into Article effect 24.3, on 1 Julythe 2016.Capital Although City Governor this law alsohas some has theprovisions authority to ensure to organize citizens’ measures involvement, for incltheUnder udingcontinuation Articleorganizing 24.3, and hearings completion the Capitalto inform ofCity anda project Governor get citizens’ in casesalso opinion has where the in thethauthoritye administrative project to implementerorganize decision measures- makingis for processdeclaredthe continuation and insolvent planning, byand but the completionit hascourts. yet to beof fullya project implemented. in cases where the project implementer is declared insolvent by the courts. 58The Amnesty Ulaanbaatar International City Council’s interview withrole Songinois primarily Independent to monitor Living and Centre, ensure 2 Novemberthat the Capital2015, and City interviewGovernorThe Ulaanbaatar with is fulfilling the Business City his/her Council’s Incubation responsibilities role Centre is primarily for forPersons implementing to withmonitor Disabilities, and the ensureredevelopment 4 November that the 2015. Capitalagenda. Although City itUnder isGovernor not Articlfully isexplorede fulfilling8 of the in this Developmenthis/her paper, responsibilities special Law, measures the Ulaanbaatarfor might implementing be required City Council the to ensure redevelopment (and equal aimag participation. cityagenda. Forcouncils)Under example, Articl approves thee World8 of the theBank required Development has reported development thatLaw, households the and Ulaanbaatar redevelopment headed byCity women Councildocumentation are s(andignificantly aimag, allocates more city likely tofunding councils)be in financial to resolve approves stress the thethan budget required households for urban development headed development by men. and Worldredevelopment projects Bank, and Mongolia plans documentation ,- Gendermonitors disparities , allocates in laborfunding markets to andresolve policy the suggestions budget for, 2013, urban available development at: projects and plans, monitors documents.worldbank.org/curated/en/2013/01/17694501/mongolia-gender-disparities-labor-markets- policy-suggestions

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5529 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 29 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development micromarginalized-districts, groups. ger areas When and necessary old parts thisof the should city. be done through the adoption of special projects based on the sub-project general plans and development projects; measuresUnder Article or procedures. 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Underdecision Article to approve, 10 of the or not,Redevelopment the work being Law, taken the Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decision3.2including RISK to deciding OFapprove, HOMELESSNESS on or thenot, location, the work size being and taken intended forward use by of thethe Capitalland for City a redevelopment Governor includingUnderarea, approving the deciding existing funding onlaws the andfrom location, procedures the city size budget, andthere intended areand no monitoring processesuse of the implementation. to land protect for a individuals, redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,especiallycouncil approving is inrenters, recess, funding and the non fromUlaanbaatar-landowners the city Citybudget, and Council possessors, and monitoringPresidium from hasforcedimplementation. the evictionauthority or toWhen safeguards fulfil the these to by the General Architect; councilensureroles. thatis in theyrecess, are thenot Ulaanbaatarleft homeless City as Councila result Presidiumof redevelopment. has the Thisauthority applies to fulfilto both these ger roles.area redevelopment and redevelopment of inadequate public housing.  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing amendments and revisions; AtLandownerscompliance the national wiand thlevel, possessorsthe thelegislation. MCUD can isalsoThe responsible Ministrybe at risk approves forof homelessnessstate -anylevel procedures policy if the and project developedoverseeing implementer at the local compliancefailslevel tofor fulfil selecting wi itsth obligationsthe areas legislation. for underredevelopment The the Ministry bilateral and approves andimplementing tripartite any procedures agreements projects anddeveloped to hasprovide the at authority temporarythe local  Monitor processes related to urban development, land usage and protection; levelaccommodationto cancel for selecting authorization or areas new forforhousing. aredevelopment redevelopment This is particularly and project implementing ifpertinent they rule projectsfor that cases the and wheretender has the thepro landownercessauthority was 110 tohasnot cancel carriedhanded authorization out over in their accordance land for a or redevelopment apartmentwith the regulations. to theproject private if theyThe developers ruleMinistry that and alsothe is tenderarranges receiving pro guidancecess rent wasmoney 110  Deliver an annual report on urban development activities to the Ministry of Construction nottoand pay carried support for temporary out for in urban accordance accommo redevelopment withdation the until andregulations. implementsthe new building The and Ministry monitors is ready. also priorityThe arranges economic projects, guidance downturn, program and Urban Development. andamongand supportplans other at for thereasons, urban state redevelopmenthaslevel. meant that andsome implements project implementers and monitors have priority not been projects, able programto andproceed plans with at the construction. state level. Several families told Amnesty International they feared that they Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: would be made ho meless because construction was delayed for financial reasons which could mean that companies would be unable to continue to pay rent money for temporary  Initiate projects based on the General Development Plan, Land Development Plan and accommodation.110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March the sub-project general plans and implement those activities; 1102016. Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.  Resolve financing sources for projects and programs being implemented with local state RESIDENTS MADE HOMELESS IN SUKHBAATAR DISTRICT funding; Redevelopment plans have gone badly wrong for residents of Building #3, an old, dilapidated building located in the 10thkhoroo of Sukhbaatar district. Their building became uninhabitable after heating  Select a project implementer; pipes, windows and door were removed and rubbish dumped inside the building. Five households, including a man with disabilities and a family with young children spent the winter of 2015/16 in the  Conclude a tripartite agreement for project implementation and ensure implementation building without central heating. Winter temperatures in Ulaanbaatar can reach -30°C. of the agreement; In early 2015, residents of Building #3, a two-storey, 51-apartment building with no toilets or running water,  Ensure community participation by promoting and publicizing projects, programs and were approached by a private developer who proposed tearing down the existing building and construction of a plans to the public, and receive feedback and complaints; new apartment block. It was an attractive offer and between April and July 2015 at least 28 households from Building #3 negotiated a resettlement and compensation package with the private developer and moved out of  Implement regeneration activities in accordance with governmental orders; the building. These residents were given a lump sum of money to cover rent costs for one year while the new apartment block was being constructed. Some households, however, were sceptical and did not negotiate for a  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner new apartment with the company. This was not the first time a company had approached residents with and a legal entity. promises to provide new accommodation that had not materialized.

Under Article 24.3, the Capital City Governor also has the authority to organize measures for To show their willingness to move and to encourage others to move, the company asked residents to remove the continuation and completion of a project in cases where the project implementer is the windows and front door of their apartments. After several households did this, the building was further declared insolvent by the courts. vandalized for pipes and materials and rubbish was dumped in the building. Radiators and central heating pipes were removed even though a number of households who had not agreed to move were still living in the The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City building, as well as some households who were renting. Some residents told Amnesty International that the Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. heating pipes were removed by representatives from the company but Amnesty International has not been able Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city to independently verfiy this. councils) approves the required development and redevelopment documentation, allocates funding to resolve the budget for urban development projects and plans, monitors The city government authorities did take steps to notify residents that the company seeking to negotiate with residents was not the same company which had been given authorization to carry out the construction, including in a letter to residents dated 22 April 2015. However, when Amnesty Internnational interviewed

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 3054 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

30 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or residentsprojects Organize betweenbased on Marchactivities, the andsub May -includingproject 2016, general n otallocation all of plans them of hadand land bee development nand aware implement of the projects; letteration or that of developmentthe company was micro-districts, ger areas and old parts of the city. notprojects authorized based to negotiate on the with sub them-project at the general time of planssigning. and development projects;  Appoint a General Architect for the capital city for a term of four years; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final After a yearAppoint had passed a General construction Architect had forstalled the andcapital the rent city money for a ran term out. of Without four years rent money; families had decision to approve, or not, the work being taken forward by the Capital City Governor to chooseEstablish between a stayingDepartment with relativ of Urbanes, paying Development rent for alternative and Construction accommodation which at their must own be expense, headed or including deciding on the location, size and intended use of the land for a redevelopment movingby the EstablishbackGeneral into BuildingArchitect; a Department #3. For some of Urban households, Development moving back and to BuildingConstruction #3 was which not an mustoption bebecause, headed in area, approving funding from the city budget, and monitoring implementation. When the additionby the to General no heating, Architect; their apartment has no front door or windows and is therefore uninhabitable. council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  Oversee the development of the General Development Plan for the capital city and make roles. amendments and revisions; Among thoseOversee who thedid notdevelopment sign a deal with of the the Generalprivate developer Development is a disabled Plan manfor theconfined capital to a city wheelchair. and make At the national level, the MCUD is responsible for state-level policy and overseeing Heamendments spent the winter and in buidling revisions; #3 and told Amnesty International he would rather stay in his own flat than be  Monitor processes related to urban development, land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local a burden to his relatives. Four other households were in the same situation, stuck in Building #3 during the  Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority winter of 2015/16 with nowhere else to go. At least nine households that did not sign with the private  Deliver an annual report on urban development activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was developer moved out during the winter at their own expense because the conditions in Building #3 were 110 and UrbanDeliver Development. an annual report on urban development activities to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance intolerable. But as the weather warmed beginning in April 2016, five households moved back because the cost and Urban Development. and support for urban redevelopment and implements and monitors priority projects, program of paying rent for alternative housing was too high. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: and plans at the state level. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Residents who stayed during the winter relied on stoves and electric heaters to keep warm. But they have  Initiate projects based on the General Development Plan, Land Development Plan and since received electricity bills they cannot afford to pay, leaving the building residents at further risk of having the subInitiate-project projects general based plans onand the implement General Developmentthose activities; Plan, Land Development Plan and their electricity cut. the sub-project general plans and implement those activities; 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March  Resolve financing sources for projects and programs being implemented with local state 2016. Residents have made numerous and frequent appeals to different local government authorities calling for the funding; Resolve financing sources for projects and programs being implemented with local state central heating to be reconnected and repairs made to the building. Residents also submitted a claim to the funding; Administrative Courts to have the private developer’s authorization to carry out the construction revoked.59 The  Select a project implementer; private developer has appealed the case to the Supreme Court at the time of writing. The government initially  Select a project implementer; refused to take any responsibility, claiming that they do not guarantee the process or mediate in disputes  Conclude a tripartite agreement for project implementation and ensure implementation unless the residents have signed a tripartite agreement – a contract between the apartment owner, the of the agreement;Conclude a tripartite agreement for project implementation and ensure implementation privateof the developer agreement; and the Capital City Governor outlining the terms of the resettlement and compensation agreed. Ensure community participation by promoting and publicizing projects, programs and plans toEnsure the public, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and Amnestyplans Internationalto the public, raised and the receive issue via feedback an urgent and appeal complaints; (Urgent Action : 77/16 Index: ASA 30/3743/2016) in MarchImplement 2016 and regenerationan update in September activities calling in accordance on the Capital with City governmental Governor to provide orders; emergency, alternative Implement and adequate regeneration accommodation activities to be providedin accordance for all households with governmental from Building orders; #3 who need it and 60 met withConclude the Chair a oftripartite the City Councilagreement on 13 with June 2016a citizen to reiterate who is these the calls.land and/or real estate owner and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner Onand 24 June a legal the Capital entity. City Governor signed Decree A532 which agrees to provide alternative accommodation Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for 59declared theThis continuation court insolvent case is againstbyand the completion thecourts. private ofdeveloper a project which in cases was granted where to th carrye project out the implementer redevelopment is of inadequatedeclared buildings, insolvent including by the courts. Building #3 in the 10th khoroo of Sukhbaatar district. The residents in thisThe caseUlaanbaatar claim that City the privateCouncil’s developer role is used primarily fraudulent to monitor documents and to ensure obtain thatthe authorization the Capital toCity carry outGovernorThe the Ulaanbaatarredevelopment. is fulfilling City his/herThis Council’s court responsibilities case role is not is primarilyagainst for implementingthe to private monitor developer and the ensureredevelopment which thatnegotiated the Capitalagenda. bilateral City agreeUnderGovernorments Articl with ise fulfilling8 residents of the Developmenthis/her and which responsibilities did Law, not have the authorization Ulaanbaatarfor implementing to City carry Council theout redevelopmentthe (andredevelopment aimag cityagenda. in that area.councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city funding to resolve the budget for urban development projects and plans, monitors 60 councils)See further, approves Amnesty theInternational, required developmentMongolia: 200 andpeople redevelopment face imminent documentation risk of homelessness, allocates (Index: ASAfunding 30/3743/2016 to resolve) on the 31 budgetMarch 2016 for urban and f urtherdevelopment Information projects (Index: and ASA plans 30/4793/2016, monitors) on 8 September 2016.

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5531 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

FALLING SHORT 31 implementation of the development and redevelopmentTHE RIGHT TO ADEQUATE documentation HOUSING IN ULAANBAATAR, and plans, MONGOLIA together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development microfor 10 -householdsdistricts, ger- the areas number and of householdsold parts of living the incity. Building #3 at the time of writing, to resolve the matter projects based on the sub-project general plans and development projects; ofUnder the project Article implementer 10 of the and Redevelopment initiate the selection Law, process the Ulaanbaatar for a new one, City and Council to seal the makes building. the61 final UnderHowever,decision Article on to 29 approve, June10 of local the or elections not,Redevelopment the were work held being in La whichw, taken the the Ulaanbaatar forwardGovernor byand the theCity Capitalruling Council party City makes were Governor defeated, the final  Appoint a General Architect for the capital city for a term of four years; decisionputtingincluding this to deciding prapprove,ocess into on or question. thenot, location, the As work of writing, size being and no taken householdsintended forward fromuse by ofBuilding thethe Capitalland #3 have for City abeen redevelopment Governor provided includingemergency,area, approving deciding alternative funding on and the adequate from location, th eaccommodation. city size budget, and intended and monitoring use of the implementation. land for a redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these by the General Architect; councilWhileroles. Amnesty is in recess,International the Ulaanbaatarwelcomes the commitmentCity Council to providePresidium temporary has the accommodation authority to to fulfil 10 these roles. households, the remaining affected households who are either staying with relatives or having to pay rent for At the national level, the MCUD is responsible for state-level policy and overseeing  Oversee the development of the General Development Plan for the capital city and make alternative accommodation at their own expense also require emergency, alternative and adequate housing. amendments and revisions; Atcompliance the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local The government must ensure that any violation of the right to adequate housing by “third parties” such as  Monitor processes related to urban development, land usage and protection; levelto cancel for selecting authorization areas forfor aredevelopment redevelopment and project implementing if they rule projects that the and tender has thepro cessauthority was landlords or private developers are prevented. Where such infringements occur, the relevant authorities, in this tonot cancel carried authorization out in accordance for a redevelopment with the regulations. project 110if theyThe ruleMinistry that alsothe tenderarranges pro guidancecess was case the Capital City Governor’s Office, should act to prevent110 any further deprivations and guarantee affected  Deliver an annual report on urban development activities to the Ministry of Construction notand carried support out for in urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program persons access to legal remedies or redress for any infringement of their rights. The authorities must provide and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program emergency, alternative and adequate housing to all those who cannot provide for themselves and ensure that and plans at the state level. no one is left homeless or at risk of human rights violations as a result of an eviction. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to:

 Initiate projects based on the General Development Plan, Land Development Plan and 3.3110 Amnesty VOLUNTARY International OR INVOLUN interview withTARY Ministry RESETTLEMENT of Construction and Urban Development, 14 March the sub-project general plans and implement those activities; 110There2016. Amnesty is lack International of clarity amonginterview some with Ministryresidents, of ConstructionNGOs and publicand Urban officials Development, alike as 14to Marchwhether 2016.landowners can refuse to sign an agreement with the project implementer and remain on  Resolve financing sources for projects and programs being implemented with local state their land even where the project has obtained support of 80% of other landowners in the funding; area.

 Select a project implementer; Both residents and NGOs told Amnesty International that any landowner or possessor who failed to sign a tripartite agreement after the 80% threshold was reached would face eviction

 Conclude a tripartite agreement for project implementation and ensure implementation with little compensation (previously the ger area guidelines put the threshold at 75%). Some of the agreement; residents thought there was a risk of receiving no compensation if they refused to sign an agreement with the project implementer. As evidence, residents and NGOs pointed out that

 Ensure community participation by promoting and publicizing projects, programs and although Article 4.17 of the Ger Area Operational Procedures state that signing a bilateral plans to the public, and receive feedback and complaints; and tripartite agreement is voluntary, the Procedures also state that any landowner or possessor who refuses to sign a tripartite agreement shall be compensated the value of their land/real estate and evicted.62 (see appendix section 2 for more details)  Implement regeneration activities in accordance with governmental orders;

The NGO Forum, which represents a number of NGOs in Mongolia, stated in their submission  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. to the UN Committee on Economic, Social and Cultural Rights ahead of the Committee’s review of Mongolia in June 2015: Under Article 24.3, the Capital City Governor also has the authority to organize measures for the continuation and completion of a project in cases where the project implementer is “According to the regulation, the [redevelopment] project is to start if an agreement declared insolvent by the courts. is reached with 75% of land and immovable property owners or possessors who reside on the lands planned for redevelopment, thus making it unnecessary to strike The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City a deal with the remaining 25% of the stakeholders. The latter may be forced to Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. relinquish their lands in return for a compensation even [if] the owner does not Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city councils) approves the required development and redevelopment documentation, allocates 61 funding to resolve the budget for urban development projects and plans, monitors Decree A532 issued by the Capital City Governor and Ulaanbaatar City Mayor, 24 June 2016; unofficial English language translation on file with Amnesty International.

62 Ger Area Operational Procedures, Article 4.16.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 3254 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 32 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or 63 projects Organize basedaccept on activities,[sic]” the .sub -includingproject general allocation plans of and land development and implement projects;ation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects; In JulyAppoint 2015, a Ts.General Davaasuren Architect MP for spoke the capitalto the mediacity for about a term the of 80% four yearsquota; saying: Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final  Appoint a General Architect for the capital city for a term of four years; decision to approve, or not, the work being taken forward by the Capital City Governor  “EstablishIn recent a years, Department people’s of landsUrban have Development been intruded and Constructionupon and taken which away. must...If be activities headed including deciding on the location, size and intended use of the land for a redevelopment by theto EstablishGeneralattack citizen’s Architect; a Department property of become Urban Developmentwidespread then and we Construction should amend which the must law be headed area, approving funding from the city budget, and monitoring implementation. When the by immediately.the General Architect; People who invested all their money into building their own houses have to council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  freeOversee their the land development because of ofthe the decision General made Development by 80% ofPlan people”. for the64 capital city and make roles. amendments Oversee and the revisions; development of the General Development Plan for the capital city and make Theamendments understanding and thatrevisions; refusal to sign an agreement may nonetheless result in eviction has At the national level, the MCUD is responsible for state-level policy and overseeing been Monitor reinforced processes by comments related madeto urban by publicdevelopment, officials land calling usage for andmore protection; robust regulation to compliance with the legislation. The Ministry approves any procedures developed at the local make itMonitor easier toprocesses evict people related in redevelopmentto urban development, affected land areas. usage Speaking and protection; to the media in level for selecting areas for redevelopment and implementing projects and has the authority 2013, Deliver the then an annual-Capital report City Governor on urban (cited development in the interview activities as to Mayor) the Ministry called offor Construction regulations to cancel authorization for a redevelopment project if they rule that the tender process was 110 toand allow UrbanDeliver the Development. capital an annual city government report on urban to appropriate development land a ctivitiesfor redevelopment to the Ministry noting of that:Construction not carried out in accordance with the regulations. The Ministry also arranges guidance and Urban Development. and support for urban redevelopment and implements and monitors priority projects, program Under“if the a decision Redevelopment is not made Law atArticle the policy 11, the level Capital shortly City, th Governor’se city authorities, responsibilities in accordance are to: and plans at the state level. Underwith theArticle Redevelopment 62.2 of the Constitution,Law Article 11, would the Capitalhave to Citydevelop Governor’s its own responsibilitiesregulations for are to:  compulsorilyInitiate projects acquiring based onland. the It General is to make Development landowners Plan, understand Land Development that freeing Plan their and land the subis Initiatethe-project appropriate projects general thingbased plans to onand do the implementconsidering General Developmentthose publi cactivities; and their Plan, own Land needs Development by introducing Plan and theregulations sub-project to general acquire plans land ”and.65 implement those activities; 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March  Resolve financing sources for projects and programs being implemented with local state 2016. Infunding; the sameResolve interview financing the sources Capital forCity projects Governor and stated programs that: being implemented with local state funding;  “SelectLooking a project at international implementer; experience, if 70% of residents are supporting the project and  thenSelect for thea project remaining implementer; ones you provide the value of the land and acquire their land. In  otherConclude words, a tripartite it means agreement to acquire forthe project land with implementation force after paying and ensure a fixed implementation land price. ... In of thethat agreement;Conclude case it’s a nottripartite a violation agreement of human for project rights. implementationThe reason is that and people ensure who implementation are resisting of tothe free agreement; their land are violating other people’s right to live in better conditions.  Ensure community participation by promoting and publicizing projects, programs and plans It’s toEnsure alsothe public,happening community and inreceive participation the case feedback of inadequate by andpromoting complaints; buildings, and publicizing where the projects, rights of programs people who and planswould to thelike public, to exchange and receive an old feedbackflat for a andnew complaints;flat and would like to live comfortably, are  beingImplement violat ed.regeneration It says that activities one person’s in accordance rights are with restricted governmental by other orders; people’s rights. ...  CurrentlyImplement there regeneration are incidents activities where thein accordance work is stuck with because governmental some of orders; the households  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner 63 andNGO a Forum, legal entity.“Report submitted to the 55th session of the Committee on Economic, Social and CulturalUnder Article Rights on24.3, Implementation the Capital ofCity Economic, Governor Social also and has Cultural the authority Rights into Mongolia”, organize measurespage 8, for http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=INT%2fCESCR%2fCSStheUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for %2fMNG%2f20525&Lang=endeclaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is 64 declaredZuunymedee insolvent News, Thereby the is courts.almost a fight over land, 9 July 2015, No. 140; on file with Amnesty International.The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City GovernorThe Ulaanbaatar is fulfilling City his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City 65 Under GovernorT. Batsaikhan, Articl ise fulfilling8 E.of Batthe- Uul: Developmenthis/her We haveresponsibilities the Law, authority the Ulaanbaatar forto acquireimplementing land City for Council development,the redevelopment (and onaimag file with cityagenda. Amnestycouncils)Under International.Articl approvese 8 of the Articlethe required Development 62.2 developmentof the ConstitutionLaw, the and Ulaanbaatar statesredevelopment that: “CityThe authorityCouncildocumentation (andof higher aimag, allocatesinstance city shallfundingcouncils) not taketo resolve approves decision the on the budget matters required for coming urban development under development the jurisdictionand redevelopment projects of local and self plans documentation-governing, monitors bodies. , allocates If law and decisionsfunding of to respective resolve thesuperior budget State for organs urban do development not specifically projects deal with and definite plans local, monitors matters, local self- governing bodies can decide upon them independently inconformity with the Constitution.”

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5533 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 33 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or 66  Organize activities, including allocation of land and implementation of development microare-districts, like this. ger The areas only and thing old forparts us ofto thedo iscity. to wait until they negotiate”. projects based on the sub-project general plans and development projects; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final UnderSuchdecision statemArticle to approve,ents 10 ofby the officialsor not,Redevelopment the have work caused being La w,confusion taken the Ulaanbaatarforward and anxiety by the City Capitalamong Council residents,City makes Governor the NGOs final and  Appoint a General Architect for the capital city for a term of four years; decisionothersincluding as to todeciding approve, whether on orpeople thenot, location, the who work don’t size being sign and takena intended tripartite forward useagreement by of thethe Capitalland will forbe City aevicted redevelopment Governor or not, and includingwhether,area, approving indeciding practice, funding on resettlementthe from location, the city issize really budget, and voluntary intended and monitoring or use involuntary of the implementation. land. for a redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these by the General Architect; councilWhenroles. it is come in recess,s to the the negotiations, Ulaanbaatar the City government Council Presidium prefers to has take the a authorityhands-off to approach fulfil these roles.emphasizing that resettlement is voluntary and that landowners and possessors and project  Oversee the development of the General Development Plan for the capital city and make implementersAt the national must level, agree the MCUDa resettlement is responsible and compensation for state-level package policy and bilaterally. overseeing However, this amendments and revisions; Atcancompliance the leave national landowners wi thlevel, the thelegislation. and MCUD possessors isThe responsible Ministry who lack approves forinformation state -anylevel aboutprocedures policy the and redevelopment developedoverseeing at theproject local complianceandlevel their for selecting rights with atthe areasrisk legislation. of for being redevelopment exploitedThe Ministry by and the approves implementing project any implementer procedures projects looking anddeveloped has to the profit at authority the as local  Monitor processes related to urban development, land usage and protection; levelmuchto cancel for as selecting possibleauthorization areasin the forfor negotiations. aredevelopment redevelopment GAIA and officialsproject implementing if told they Amnesty rule projects that Internati the and tender hasonal thepro that cessauthority it iswas tocommonnot cancel carried thatauthorization out some in accordance people for a may redevelopment with get the more regulations. compensation project 110if theyThe than ruleMinistry others that also theand tender arrangesthat it pro depends guidancecess was on 67 110  Deliver an annual report on urban development activities to the Ministry of Construction nothowand carried supportgood a out negotiatorfor in urban accordance redevelopmentyou are. with The the view andregulations. implementsthat residents The and who Ministry monitors ‘lose alsoout’ priority arrangesonly projects,have guidance themselves program and Urban Development. andtoand blame supportplans distorts at for the urban statethe reality redevelopmentlevel. of the information, and implements resource and and monitors knowledge priority imbalance projects, that program exists andbetween plans the at thelandowners state level. and possessors and the private developer with whom they are Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: negotiating.

 Initiate projects based on the General Development Plan, Land Development Plan and 110As theAmnesty then -InternationalChair of the interview Ulaanbaatar with Ministry City Council, of Construction D. Battulga, and Urban stated Development, when he spoke 14 March to the the sub-project general plans and implement those activities; 1102016.media Amnesty about International the ger area interview redevelopme with Ministrynt in Marchof Construction 2016: and Urban Development, 14 March 2016.  Resolve financing sources for projects and programs being implemented with local state “One principle in the redevelopment planning is that the city isn’t involved in this work. funding; In other words, the landowner and project implementer are the two parties involved. They should negotiate themselves. To talk about exchanging their land for flats or for cash is  Select a project implementer; the principle of the market economy. Before 2012 we breached the rights of people that were protected under the Constitution. At that time we said that...acquiring the land is

 Conclude a tripartite agreement for project implementation and ensure implementation compulsory. Now we say that a family should know how to evaluate their land and 68 of the agreement; property. ...We did not do anything to attack people’s property”.

 Ensure community participation by promoting and publicizing projects, programs and One resident told Amnesty International that her family saw no choice but to sign a bilateral plans to the public, and receive feedback and complaints; agreement and that they were told by the project implementer that if they did not negotiate and sign an agreement, the company would utilize the provisions in the law to have them

 Implement regeneration activities in accordance with governmental orders; evicted. The project implementer also told them that they may receive no compensation if they continued to resist.69 From conversations with other residents and NGOs, Amnesty

 Conclude a tripartite agreement with a citizen who is the land and/or real estate owner International found that the perception that residents have no option but to negotiate and and a legal entity. sign a bilateral and tripartite agreement with the project implementer is not uncommon.

Under Article 24.3, the Capital City Governor also has the authority to organize measures for the continuation and completion of a project in cases where the project implementer is 66 declared insolvent by the courts. Daily News, Bat-Uul: Mayor introduced ger re-planning project, 24 March 2016, print edition, p1&5, on file with Amnesty International.

The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City 67 Amnesty International interview with GAIA, 15 March 2016. Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. 68 Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city E. Enkhbold, D. Battulga: if anyone is against the public needs there is a question of going to hold the councils) approves the required development and redevelopment documentation, allocates party accountable, Daily News, 28 March 2016, pp2&11, on file with Amnesty International. funding to resolve the budget for urban development projects and plans, monitors 69 Amnesty International interview with affected resident, 20 March 2015.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 3454 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 34 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projects3.4 LACKOrganize based OF CLARITYon activities, the sub ON -includingproject REDEVELOPMENT general allocation plans of and landPROCEDURES development and implement projects;ANDation RIGHT of developmentS OF micro-districts, ger areas and old parts of the city. RESIDENTSprojects based on the sub-project general plans and development projects;  Appoint a General Architect for the capital city for a term of four years; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final With a number of laws and policies on redevelopment being recently written and amended,  Appoint a General Architect for the capital city for a term of four years; decision to approve, or not, the work being taken forward by the Capital City Governor residents are confused about their rights and how the redevelopment process should work in  Establish a Department of Urban Development and Construction which must be headed including deciding on the location, size and intended use of the land for a redevelopment practice. After receiving complaints on redevelopment from affected residents, the by the EstablishGeneral Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the Parliamentary Standing Committee on Complaints - a parliamentary body made up of MPs to by the General Architect; council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these receive and respond to complaints received from the public - set up a working group to look  Oversee the development of the General Development Plan for the capital city and make roles. into the nature of the complaints being made about the redevelopment process. amendments Oversee and the revisions; development of the General Development Plan for the capital city and make amendments and revisions; At the national level, the MCUD is responsible for state-level policy and overseeing The working group found that:  Monitor processes related to urban development, land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local  Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority “...most of the complaints from citizens are connected with a lack and insufficiency of  Deliver an annual report on urban development activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was information on ger area redevelopment, relevant laws and knowledge of their own rights 110 and UrbanDeliver Development. an annual report on urban development activities to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance and ways to protect these rights. It is necessary for the city authorities responsible for and Urban Development. and support for urban redevelopment and implements and monitors priority projects, program implementation of ger area redevelopment to organize more effective work on providing Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: and plans at the state level. information and knowledge to citizens, conduct regular advertisement and correct Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: information to the public and provide more active participation for them”.70  Initiate projects based on the General Development Plan, Land Development Plan and the subInitiate-project projects general based plans onand the implement General Developmentthose activities; Plan, Land Development Plan and Based on the findings of the working group, the Standing Committee issued Resolution the sub-project general plans and implement those activities; 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March No.12 on 17 June 2015. The resolution outlined seven steps which the Mongolian  Resolve financing sources for projects and programs being implemented with local state 2016. government should take including improving the legal framework for the ger area funding; Resolve financing sources for projects and programs being implemented with local state redevelopment project, paying particular attention to evaluation of land and immovable funding; property, and informing residents of their rights and responsibilities under the redevelopment  Select a project implementer; projects.71  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation The 2014 GAIA operational report, a biannual report on the implementation of ger area of the agreement; redevelopment, Conclude citesa tripartite that they agreement received for a totalproject of 204implementation communications and ensure in the implementationform of comments,of the agreement; complaints and requests about redevelopment.72 Of the 204 communications 75  Ensure community participation by promoting and publicizing projects, programs and were complaints and were mostly in relation to the activities of the project implementer plans to the public, and receive feedback and complaints; including Ensure complaints community that participationthe project implementer by promoting was and only publicizing valuing land projects, and not programs other real and estateplans on to the the property; public, and that receive the valuations feedback of and the complaints;project implementer were too low; that the  Implement regeneration activities in accordance with governmental orders; size or number of apartments being offered as compensation was insufficient; and that the project Implement implementer regeneration was engaging activities in bullying in accordance tactics and with fraudulent governmental claims orders; to trick landowners Conclude and a possessors.tripartite agreement73 For the with year a 2016, citizen as who of March,is the land GAIA and/or had received real estate 47 owner and  a legal Conclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for 70 Parliamentary Standing Committee on Complaints, Report of the Working Group on Improvement of the continuation and completion of a project in cases where the project implementer is GerUnder Area ConditionsArticle 24.3, and Progressthe Capital of Redevelopment City Governor Planning also has Projects the authority in Accordance to organize with Complaints measures for declared insolvent by the courts. Receivedthe continuation by Residents and to thecompletion Parliamentary of a Stprojectanding inCommittee cases where on Complaints”, the project 2015, implementer unofficial is Englishdeclared language insolvent translation by the on courts. file with Amnesty International. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor71 TheResolution Ulaanbaatar is fulfilling of the Parliamentary City his/her Council’s responsibilities Standing role is Committeeprimarily for implementing toon monitorComplaints, and the No. ensureredevelopment 12, 17 that June the 2015; Capitalagenda. City UnderunofficialGovernor Articl English ise fulfilling8 oflanguage the Developmenthis/her translation responsibilities on Law, file wittheh Amnesty Ulaanbaatarfor implementing International City Council the. redevelopment (and aimag cityagenda. councils) approves the required development and redevelopment documentation, allocates 72 UnderGAIA, OperationalArticle 8 of report the Developmentof the Capital City Law, Ger the Area Ulaanbaatar Development City Agency, Council 2014, (and p75; aimag unofficial city funding to resolve the budget for urban development projects and plans, monitors Englishcouncils) language approves translation the requiredon file at developmentAmnesty International. and redevelopment documentation, allocates funding to resolve the budget for urban development projects and plans, monitors 73 GAIA, Operational Report of the Capital City Ger Area Development Agency, 2014, p75; unofficial English language translation on file at Amnesty International.

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Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5535 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 35 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or 74  Organize activities, including allocation of land and implementation of development microcomments,-districts, complaints ger areas and and requests. old parts of the city. projects based on the sub-project general plans and development projects; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final UnderAmnestydecision Article toInternational approve, 10 of the or also not,Redevelopment foundthe work through being La w,interviews taken the Ulaanbaatarforward with byaffected the City Capital Councilresidents City makes thatGovernor therethe final was  Appoint a General Architect for the capital city for a term of four years; decisionsometimesincluding to deciding approve,a lack of on orinformation thenot, location, the work about size being and/or and taken intended understanding forward use by of the theof the Capitalland process for City a redevelopment andGovernor people’s includingrights.area, approving Despite deciding the funding onlist the of from rightslocation, th eprovided city size budget, and in theintended and legal monitoring anduse policyof the implementation. framework,land for a redevelopment including When thethe  Establish a Department of Urban Development and Construction which must be headed area,rightcouncil approvingto demandis in recess, funding and thesee from Ulaanbaatarrelevant the cityinformation Citybudget, Council andand monitoringPresidiumto submit proposals, hasimplementation. the authority comments toWhen fulfil and the these by the General Architect; councilcomplaints,roles. is in notrecess, all residents the Ulaanbaatar who spoke City to Council Amnesty Presidium International has the were authority well informed. to fulfil Twothese roles.companies told Amnesty International that information they provide to GAIA including their  Oversee the development of the General Development Plan for the capital city and make resettlementAt the national plans level, and the monthly MCUD activityis responsible reports for are state not -madelevel policypublic. and They overseeing also said that amendments and revisions; Atwhencompliance the seekingnational wi selection thlevel, the thelegislation. as MCUD project isThe implementerresponsible Ministry approves for they state generally -anylevel procedures policy only shareand developedoverseeing with residents at the somelocal compliancedralevelwings for selecting of wiwhatth the they areas legislation. propose for redevelopment to The build Ministry for comment.and approves implementing One any company procedures projects told anddeveloped Amnesty has the at authority the local  Monitor processes related to urban development, land usage and protection; levelInternationalto cancel for selecting authorization that areasafter theforfor aredevelopmentcompany redevelopment has been and project selectedimplementing if they and rule started projects that constructionthe and tender has thepro the cessauthority company was towillnot cancel carriedhold publicauthorization out in meetings accordance for ifa itredevelopment withis demanded the regulations. projectby residents 110if theyThe but ruleMinistry otherwise that alsothe do tenderarranges not have pro guidancecess any was 110 75  Deliver an annual report on urban development activities to the Ministry of Construction notsysand temscarried support in outplace for in urban foraccordance providing redevelopment with or sharing the andregulations. information implements withThe and Ministryaffected monitors alsoresidents. priority arranges projects, guidance program and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program andEven plans where at therethe state are procedureslevel. in place, they are not always followed in practice. Although Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: landowners and possessors have the right to see plans and other relevant documentation, the representative from the 9 th and 10 th khoroo of Chingeltei told Amnesty International that the  Initiate projects based on the General Development Plan, Land Development Plan and citizens’110 Amnesty representative International interviewbody had with not Ministry received of theConstruction plans and and were Urban told Development, that they would 14 March only 76 th the sub-project general plans and implement those activities; 110get2016. Amnesty to see them International once they interview were withfinalized. Ministry Twoof Construction project implemente and Urban rsDevelopment, operating in14 the March 9 and th 2016.10 khoroo of Chingeltei district had their authorization to carry out the project cancelled by  Resolve financing sources for projects and programs being implemented with local state the outgoing Capital City Governor on 30 June 2016 for not carrying out the work within six 77 funding; months and for “repeated serious operational violations”.

 Select a project implementer; 3.5 RIGHT TO REMEDY Residents who are dissatisfied with either the ger area redevelopment or redevelopment of  Conclude a tripartite agreement for project implementation and ensure implementation inadequate public housing can complain to the authorities, to the Parliamentary Standing of the agreement; Committee on Complaints, or seek redress via the Administrative or Civil Courts.

 Ensure community participation by promoting and publicizing projects, programs and Under the terms of the model formats for tripartite agreements for ger area redevelopment plans to the public, and receive feedback and complaints; and inadequate public housing, disputes should be resolved through mutual agreement.78 The model format for inadequate housing further adds that if a dispute cannot be resolved  Implement regeneration activities in accordance with governmental orders;

 Conclude a tripartite agreement with a citizen who is the land and/or real estate owner 74 Amnesty International interview with GAIA, 15 May 2016. and a legal entity. 75 Amnesty International interview with construction companies on 4 and 10 August 2016.

Under Article 24.3, the Capital City Governor also has the authority to organize measures for 76 Amnesty International interview with Chingeltei Sarwol Resident’s Committee to Support the Ger Area the continuation and completion of a project in cases where the project implementer is House Project, which represent residents in the 9th and 10thkhoroos of Chingeltei, 7 December 2015. declared insolvent by the courts. 77 Decrees A/568 and A/572 issued by the Capital City Governor and Ulaanbaatar City Mayor, 30 June 2016; unofficial English language translation on file at Amnesty International. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. 78 A Model Format of a Tripartite Agreement to be Concluded Among Parties Involved in the Projects for Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Re-Planning and Constructing of Inadequate Public Housing not Complying with the Operational councils) approves the required development and redevelopment documentation, allocates Requirements, Article 8.5 and a Model Format of a Tripartite Agreement to be Concluded among Parties funding to resolve the budget for urban development projects and plans, monitors Involved in the Projects for Re-Planning and Constructing of Ger Area Land, Article 7.1; unofficial English language translation extract on file with Amnesty International.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 3654 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 36 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projectsthrough Organize negotiationbased on activities, the then sub it -includingproject should generalbe allocation decided plans byof and landthe development courts. and implement79 As aprojects; signatoryation of todevelopment the tripartite micro-districts, ger areas and old parts of the city. agreements,projects based GAIA on or the the sub GPA-project (which general sign the plans tripartite and development agreements onprojects; behalf of the Capital City Governor)Appoint a caGeneraln play Architecta mediating for rolethe capitalto help cityresolve for aany term disputes of four betweenyears; the landowner Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final or possessorAppoint and a Generalthe project Architect implementer. for the capitalHowever, city residents for a term of ofthe four 14 thyearskhoroo; of decision to approve, or not, the work being taken forward by the Capital City Governor Bayanzurkh Establish told a DepartmentAmnesty International of Urban Development that GAIA did and not Construction play any helpful which role must in tryingbe headed to including deciding on the location, size and intended use of the land for a redevelopment byresolve the EstablishGeneral disputes Architect; aand Department that its typical of Urban response Development to any disputes and Construction is to tell both which parties must to be headed area, approving funding from the city budget, and monitoring implementation. When the continueby the Generalnegotiating Architect; to sort out their differences.80 council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  Oversee the development of the General Development Plan for the capital city and make roles. amendmentsComplaints Oversee made and the revisions;to development the authorities of the are General not always Development properly addressed. Plan for the When capital the cityheating and wasmake removedamendments from Building and revisions; #3 in the 10thkhoroo of Sukhbaatar and living conditions became At the national level, the MCUD is responsible for state-level policy and overseeing unbearable, Monitor severalprocesses residents related made to urban numerous development, and frequent land usage complaints and protection; to city government compliance with the legislation. The Ministry approves any procedures developed at the local officials, Monitor but the processes authorities related took tono urban action. development, In October 2015, land usage residents and protection;received a response level for selecting areas for redevelopment and implementing projects and has the authority from Deliver the Centre an annual for Receiving report on Complaints urban development about the livingactivities conditions to the Ministry in Building of Construction #3. The to cancel authorization for a redevelopment project if they rule that the tender process was 110 responseand UrbanDeliver concluded Development. an annual that report it was onimpossible urban development to reconnect activities the heating to the and Ministry advised of the Construction residents not carried out in accordance with the regulations. The Ministry also arranges guidance to andtake Urban steps Development.to hold the company to account and claim compensation.81 When Amnesty and support for urban redevelopment and implements and monitors priority projects, program UnderInternational the Redevelopment met with the GPALaw Articlein March 11, 2016, the Capital they claimed City Governor’s that the responsibilitiesgovernment was are under to: and plans at the state level. noUnder obligation the Redevelopment to provide alternative Law Article housing 11, to the the Capital residents City of Governor’s Building #3responsibilities even though arethe to: 82 buildingInitiate had projects become based uninhabitable. on the General Development Plan, Land Development Plan and the subInitiate-project projects general based plans onand the implement General Developmentthose activities; Plan, Land Development Plan and Tothe seek sub redress-project through general the plans courts, and residents,implement individually those activities; or collectively can apply to the 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March 83 AdministrativeResolve financing or Civil courts.sources for In projectsadministrative and programs cases, the being court implemented is obliged to with conduct local stateits 2016. funding;own investigationResolve financing of the allegations.sources for projectsIndividuals and or programs groups can being also implemented take a company with to local civil state courtfunding; for disputes related to their agreement with the project implementer. Civil court is differentSelect to aadministrative project implementer; courts in that each party must provide evidence to the court to support Select their claims.a project Both implementer; civil and administrative courts can be pursued to the Supreme CourtConclude level. a tripartite agreement for project implementation and ensure implementation of the agreement;Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;  Ensure community participation by promoting and publicizing projects, programs and 79 plans A Model toEnsure the Format public, community of aand Tripartite receive participation Agreement feedback by to andpromotingbe Concluded complaints; and Among publicizing Parties Involvedprojects, in programs the Projects and for Replans-Planning to the and public, Constructing and receiveof Inadequate feedback Public and Housing complaints; not Complying with the Operational Requirements, Implement Articles regeneration 8.6; unofficial activities English in accordancelanguage translation with governmental extract on file orders;with Amnesty International. Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner 80 Amnesty International phone conversation with 14thkhoroo of Bayanzurkh resident’s committee and a legal entity. member Conclude on 25 May a 2016.tripartite In their agreement 2014 Operational with a citizen Report, who GAIA is acknowledgedthe land and/or that real progress estate in owner concludingand a legal tripartite entity. agreements was slow due to a lack of knowledge and information among landowners Underand possessors Article about24.3, the the n eedCapital to conclude City Governor a tripartite also agreement, has the authority a lack of interestto organize from projectmeasures for theimplementersUnder continuation Article to conclude 24.3, and completion the the Capital agreements, ofCity a project Governorand GAIA’s in casesalso own has limited where the authoritythauthoritye project to to enforce implementerorganize signing measures ofis the for declaredtripartitethe continuation agreement. insolvent GADAbyand the completion (current courts. GAIA) of aOperational project in Report cases, 2014,where p63;the project unofficial implementer English language is translationdeclared on insolvent file with Amnestyby the courts. International. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City 81 Governor TheResponse Ulaanbaatar is tofulfilling Building City his/her #3 Council’s residents responsibilities rolefrom isthe primarily Centre for implementing for to Receiving monitor Complaints,and the ensureredevelopment complaintthat the Capitalagenda.received City 16 UnderSeptemberGovernor Articl and ise fulfilling8closed of the on Developmenthis/her2 October responsibilities 2015. Law, Copy the provided Ulaanbaatarfor implementing by residents City Councilof the Building redevelopment (and #3. aimag Unoffici cityagenda.al English councils)languageUnder translationArticl approvese 8 of extractthe the required Developmenton file withdevelopment Amnesty Law, theInternational. and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city funding82 councils)Amnesty to Internationalresolve approves the the budgetinterview required for with urban development GPA, development 21 March and 2016. redevelopment projects and plans documentation, monitors , allocates funding to resolve the budget for urban development projects and plans, monitors 83 Administrative cases are between an individual or a group and a state authority or public servant and can be used to challenge a resolution, act, decree or policy of the government.

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5537 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 37 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development microResiden-districts,ts from gerone areas affected and areaold parts told Amnestyof the city. International that they were reluctant to projects based on the sub-project general plans and development projects; pursueUnder Articlelegal remedies 10 of the for Redevelopment breaches to their Law, bilateral the Ulaanbaatar and tripartite City agreements.Council makes84 They the finaltold UnderAmnestydecision Article toInternational approve, 10 of the or that not,Redevelopment thethe companywork being La inw, takenquestion the Ulaanbaatarforward was alreadyby the City Capitalfacing Council financialCity makes Governor diftheficulties final  Appoint a General Architect for the capital city for a term of four years; decisionandincluding the residentsto deciding approve, were on or the not,concerned location, the work that size being a and legal taken intended challenge forward use couldby of thethe result Capitalland infor themCity a redevelopment Governor not receiving includinganythingarea, approving atdeciding all and funding oncould the from jeopardizelocation, the city size the budget, and progress intended and of monitoring the use sub ofproject.the implementation. land Residents for a redevelopment Whenof Building the #3  Establish a Department of Urban Development and Construction which must be headed area,andcouncil neighbouring approving is in recess, funding buildings the fromUlaanbaatar submitted the city Citybudget, a case Council andto the monitoringPresidium Administr hasimplementation.ative the Court authority in April toWhen fulfil2013 the these to by the General Architect; councilhaveroles. the is projectin recess, implementing the Ulaanbaatar company’s City Council authorization Presidium to carry has outthe theauthority redevelopment to fulfil these work roles.revoked. After more than three years that case has been appealed by the company to the  Oversee the development of the General Development Plan for the capital city and make SupremeAt the national Court. level, Using the the MCUD courts is has responsible not proved for to state be either-level apolicy timely and or overseeingeffective means for amendments and revisions; Atremedyingcompliance the national the wi thverylevel, the urgent thelegislation. MCUD situation isThe responsible facing Ministry the approves forresidents state -anylevel of Bprocedures uildingpolicy and #3. developedoverseeing On the contrary, at the local the complianceGPAlevel hasfor selectingtold wi Amnestyth the areas legislation. International for redevelopment The thatMinistry the and governmentapproves implementing any is procedures waiting projects for anddevelopedthe outcomehas the at authority theof the local  Monitor processes related to urban development, land usage and protection; levelcourtto cancel for case selecting authorization before areastaking forfor any aredevelopment redevelopmentsteps for the residentsand project implementing ifof theyBuilding rule projects that#3, whichthe and tender has theprolongedpro cessauthority was their tosufferingnot cancel carried authorizationand out left in themaccordance forin indefinitea redevelopment with the limbo. regulations. project 110if theyThe ruleMinistry that alsothe tenderarranges pro guidancecess was 110  Deliver an annual report on urban development activities to the Ministry of Construction notand carried support out for in urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program and Urban Development. and and support plans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program and plans at the state level. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: 84 Amnesty International i n terviews with members of a temporary resident’s council, Ulaanbaatar, between November 2015 and June 2016 ; unnamed at request of residents who wanted to avoid further  Initiate projects based on the General Development Plan, Land Development Plan and trouble110 Amnesty with theInternational company. interview with Ministry of Construction and Urban Development, 14 March the sub-project general plans and implement those activities; 1102016. Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.  Resolve financing sources for projects and programs being implemented with local state funding;

 Select a project implementer;

 Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;

 Ensure community participation by promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints;

 Implement regeneration activities in accordance with governmental orders;

 Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 3854 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

writing new operational procedures for ger area redevelopment had been drafted and were  Initiate projects based on the General Development Plan, Land Development Plan and 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March waiting for approval. While the new procedures are better aligned to the existing laws, they the sub-project general plans and implement those activities; 1102016. Amnesty International interview with Ministry of Construction and Urban Development, 14 March continue to contain ambiguities about how the process should work in practice and replicate 2016. shortcomings that currently exist in the laws. For the new procedures to be effective, they  Resolve financing sources for projects and programs being implemented with local state would need to include strong and clear safeguards to protect against forced eviction and funding; homelessness, strong and clear information on the rights of all affected residents, including right to genuine consultation, access to information and rights to remedy.  Select a project implementer; In the absence of clear, cohesive and adequate government laws and regulations,  Conclude a tripartite agreement for project implementation and ensure implementation enforcement, and monitoring, Amnesty International is concerned that residents in areas of the agreement; affected by redevelopment face risks to their right to adequate housing, and has identified the following key failings:  Ensure community participation by promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Laws and policies do not recognize the rights of those who do not have legal title for the land or housing they occupy to participate in consultation processes on redevelopment;  Implement regeneration activities in accordance with governmental orders;

 Lack of safeguards to protect against the risk of forced eviction and homelessness;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity.  Lack of information or clarity from government agencies and private developers means that residents are often misinformed or unclear about whether resettlement is voluntary or Under Article 24.3, the Capital City Governor also has the authority to organize measures for involuntary; the continuation and completion of a project in cases where the project implementer is declared insolvent by the courts.  Lack of clarity on redevelopment procedures and rights of residents due to changes to the legal and policy environment, putting residents at risk of violations to their right to The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City adequate housing; Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city  Laws and policies on redress are unclear and lack specificity on options for those councils) approves the required development and redevelopment documentation, allocates individuals negatively impacted by redevelopment to raise complaints and seek settlement of funding to resolve the budget for urban development projects and plans, monitors disputes.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 4054 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 40 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projectsTo protectOrganize based effectively on activities, the thesub right-includingproject to adequategeneral allocation plans housing of and land ofdevelopment anda population, implement projects; theation Mongolian of development micro-districts, ger areas and old parts of the city. governmentprojects based must on ensure the sub that-project any possible general violations plans and of development these rights, projects; including by third parties,Appoint such aas General landlords Architect or private for thedevelopers capital arecity prevented.for a term ofWhere four suchyears ;infringements do Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final occur, Appointthe relevant a General public Architect authorities for should the capital act to city prevent for a termany further of four deprivations years; and to decision to approve, or not, the work being taken forward by the Capital City Governor guaranteeEstablish affected a Department persons access of Urban to legalDevelopment remedies and or redress Construction for any which infringement must be ofheaded their including deciding on the location, size and intended use of the land for a redevelopment byrights. the EstablishGeneralIn order Architect;to a beginDepartment to address of Urban the failings Development in the currentand Construction legal and policywhich framework,must be headed area, approving funding from the city budget, and monitoring implementation. When the Amnestyby the GeneralInternational Architect; urges the authorities undertake the following recommendations. council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  Oversee the development of the General Development Plan for the capital city and make roles. amendments4.2 RECOMMENOversee and the revisions;D developmentATIONS of the General Development Plan for the capital city and make Toamendments the Capital City and Government: revisions; At the national level, the MCUD is responsible for state-level policy and overseeing  Monitor processes related to urban development, land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local   MakeMonitor a public processes statement related clarifying to urban the development, rights of people land affected usage and by urbanprotection; redevelopment level for selecting areas for redevelopment and implementing projects and has the authority especially Deliver on an the annual right reportof residents on urban to refuse development to enter aintoctivities an agreement to the Ministry with theof Construction project to cancel authorization for a redevelopment project if they rule that the tender process was 110 implementerand UrbanDeliver Development. and an annualits implications; report on urban development activities to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance and Urban Development. and support for urban redevelopment and implements and monitors priority projects, program Under Ensure the Redevelopment that all persons, Law regardless Article 11, of tenurethe Capital status City are Governor’s protected fromresponsibilities forced evictions are to: and plans at the state level. andUnder homelessness; the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to:  Initiate projects based on the General Development Plan, Land Development Plan and the  subEnsureInitiate-project that projects general all affected based plans persons, onand the implement General regardless Developmentthose of tenureactivities; statusPlan, Landare provided Development all the Plan and necessarythe sub- projectinformation general on theplans redevelopment and implement process those andactivities; that such information is publicly 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March available Resolve and financing easily accessible. sources for This projects must includeand programs information being on implemented the avenues with for local state 2016. participationfunding; Resolve and financing consultation, sources ways for projectsto access and their programs rights to being remedy, implemented and rights with to access local state legalfunding; aid;  Select a project implementer;   EnsureSelect the a projectrights ofimplementer; non-landowners, apartment owners and possessors and others working Conclude on behalf a tripartite of affected agreement residents for areproject recognized implementation and that avenuesand ensure for theirimplementation participation ofin the agreement;redevelopmentConclude a tripartite process agreement are established for project and implementationpublicized; and ensure implementation of the agreement;  Ensure thatcommunity the process participation for consultation by promoting for redevelopment and publicizing allows projects, for genuine programs and consultationplans toEnsure the public,by community increasing and receive participation the period feedback of by time andpromoting available complaints; and for publicizing consultation, projects, the involvement programs andof publicplans officials to the public, in talking and to receive and listening feedback to andresidents, complaints; and that information is publicly available Implement and easily regeneration accessible; activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders;  RecognizeConclude a that tripartite redevelopment agreement affects with a people citizen in who different is the landways and/orand include real estate special owner measuresand a legalConclude to entity. ensure a tripartite participation agreement of all withthose a affectedcitizen who including is the landwomen, and/or minorities real estate and ownerother groupsand a who legal may entity. be at risk of being excluded from the process due to their status and identity;Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declared theExplore continuation insolvent all feasible byand the completion possibilities courts. of to a addressproject inthe cases concerns where of th thosee project refusing implementer to move outis of unsafedeclared and/or insolvent structurally by the unsound courts. buildings and where these have been exhausted and an evictionThe Ulaanbaatar is the only City alternative, Council’s ensurerole is primarilythat the evictionto monitor and and alternative ensure that housing the Capitalprovided City meetGovernorThe the Ulaanbaatar isrelevant fulfilling criteria City his/her Council’s as responsibilitiesper international role is primarily for human implementing to monitor rights standards. and the ensureredevelopment that the Capitalagenda. City UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. Tocouncils)Under the Ministry Articl approvese of8 ofUrban the the required DevelopmentConstruction development Law,and Development: the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city fundingcouncils) to resolve approves the the budget required for urban development development and redevelopment projects and plans documentation, monitors , allocates  fundingLegislate to resolve and enforce the budget a clear for prohibition urban development on forced projectsevictions and and plans strengthen, monitors safeguards to protect against the risk of homelessness including by requiring adequate notification of eviction for all tenants, regardless of a tenancy agreement;

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5541 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 41 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development micro Ensure-districts, that ger all areas policies and and old proceduresparts of the being city. amended or drafted by the working group projects based on the sub-project general plans and development projects; areUnder in lineArticle with 10 international of the Redevelopment human rights La w,law the and Ulaanbaatar standards asCity well Council as the makes other domesticthe final Underlegislationdecision Article to on approve, 10redevelopment of the or not,Redevelopment the and work that being all La discrepanciesw, taken the Ulaanbaatarforward are by addressed the City Capital Council in City a makesmanner Governor the that final  Appoint a General Architect for the capital city for a term of four years; decisionprovidesincluding tothe deciding approve, greatest on or protection thenot, location, the work to residents size being and taken intendedaffected forward byuse redevelopmentby of thethe Capitalland for Cityand a redevelopment soGovernor that there is includingnoarea, ambiguity approving deciding concerning funding on the from thelocation, processthe city size orbudget, andthe rightsintended and ofmonitoring individualsuse of the implementation. landand communifor a redevelopmentties When affected the by  Establish a Department of Urban Development and Construction which must be headed area,redevelopment;council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these by the General Architect; councilroles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles. Establish monitoring by an independent body. The independent body must have the full  Oversee the development of the General Development Plan for the capital city and make authorityAt the national to initiate level, assessments the MCUD isinto responsible whether human for state rights-level are policy being and violated overseeing and to receive amendments and revisions; Atcomplaintscompliance the national onwi thsuchlevel, the violations thelegislation. MCUD from isThe responsible the Ministry public approves .for The state independent -anylevel procedures policy body and should developedoverseeing be given at the the local complianceauthoritylevel for selecting to wiholdth theproject areas legislation. forimplementers redevelopment The Ministry and andthe approves implementinggovernment any procedures accountable projects anddeveloped for has any the human at authority the rightslocal  Monitor processes related to urban development, land usage and protection; levelviolationsto cancel for selecting authorizationin relation areas to forthefor aredevelopmentredevelopment redevelopment andprocess. project implementing if they rule projects that the and tender has thepro cessauthority was tonot cancel carried authorization out in accordance for a redevelopment with the regulations. project 110if theyThe ruleMinistry that alsothe tenderarranges pro guidancecess was 110  Deliver an annual report on urban development activities to the Ministry of Construction notToand thecarried support Parliament: out for in urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program and plansAmend at thethe Urbanstate level. Redevelopment Law and any other relevant legislation and procedures Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: to guarantee the rights of everyone affected by redevelopment including the right to genuine consultation ;  Initiate projects based on the General Development Plan, Land Development Plan and 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March the sub-project general plans and implement those activities; 1102016. AmnestyAmend International Article 22 ofinterview the Redevelopment with Ministry of LawConstruction to include and the Urban rights Development, of non-landowners 14 March and 2016.possessors so that all members of the community and others are able to receive information  Resolve financing sources for projects and programs being implemented with local state and be consulted; funding;  Amend Article 68.6 of the Law on Court Decision Enforcement Agency to bring it in line  Select a project implementer; with Article 42.4 of the Land Law so that evictions can only take place between 15 May and 15 September;  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; To the Court Decision Enforcement Agency:

 Develop and adopt guidelines for evictions based on the UN Basic Principles and  Ensure community participation by promoting and publicizing projects, programs and Guidelines on Development-Based Evictions and Displacement, and in compliance with plans to the public, and receive feedback and complaints; international human rights law and standards, including providing adequate notification of any eviction and obliging attending officials to wear identification. Cease carrying out  Implement regeneration activities in accordance with governmental orders; evictions during winter;

 Conclude a tripartite agreement with a citizen who is the land and/or real estate owner  Develop and maintain accurate data on the number of evictions carried out and how and a legal entity. many of those are connected to the redevelopment agenda. Under Article 24.3, the Capital City Governor also has the authority to organize measures for the continuation and completion of a project in cases where the project implementer is declared insolvent by the courts.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 4254 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5543 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 43 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects; APPENDIX:Under Article 10 of the Redevelopment MONGOLIA’S Law, the Ulaanbaatar LEGALCity Council makes AND the final Underdecision Article to approve, 10 of the or not,Redevelopment the work being Law, taken the Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decisionincluding to deciding approve, on or thenot, location, the work size being and taken intended forward use by of thethe Capitalland for City a redevelopment Governor includingPOLICYarea, approving deciding funding onFRAMEWORK the from location, the city size budget, and intended and monitoring useFOR of the implementation. land for a redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these by the General Architect; councilroles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles.REDEVELOPMENT  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing amendments and revisions; AtMongolia’scompliance the national redevelopment wi thlevel, the thelegislation. MCUD process isThe responsibleis Ministrygoverned approves forby statea thicket -anylevel proceduresof policy national and laws, developedoverseeing as well at asthe local compliancepolicieslevel for andselecting wi proceduresth the areas legislation. fordeveloped redevelopment The at Ministry the city and approves level implementing that any often procedures overlapprojects and anddeveloped sometimes has the at authority the local  Monitor processes related to urban development, land usage and protection; leveltocontradict cancel for selecting authorization each other. areas forfor aredevelopment redevelopment and project implementing if they rule projects that the and tender has thepro cessauthority was tonot cancel carried authorization out in accordance for a redevelopment with the regulations. project 110if theyThe ruleMinistry that alsothe tenderarranges pro guidancecess was 110  Deliver an annual report on urban development activities to the Ministry of Construction not1.and NATIONALcarried support out for inLAWS urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program and Urban Development. andTheand supportmainplans nationalat for the urban state laws redevelopmentlevel. related to urban and redevelopment implements and are monitors the Urban priority Development projects, Law program and(2008), plans and at thethe stateUrban level. Redevelopment Law (2015).85 Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: URBAN DEVELOPMENT LA W AND URBAN REDEVELOPMENT LAW  Initiate projects based on the General Development Plan, Land Development Plan and The110 Amnesty Urban DevelopmentInternational interview Law (Development with Ministry Law)of Construction was first andpassed Urban in Development,May 2008 and 14 wasMarch the sub-project general plans and implement those activities; 1102016.successively Amnesty International amended ininterview February, with JuneMinistry and of November Construction 2015. and Urban The purposeDevelopment, of the 14 March 2016.Development Law is to coordinate relations between the “state, entities, and citizens” with  Resolve financing sources for projects and programs being implemented with local state relation to urban development projects and plans, and to ensure that development is funding; financially sustainable and appropriate for the area and implemented in accordance with relevant policies and plans (Article 1.1).  Select a project implementer; The Urban Redevelopment Law (Redevelopment Law) passed in June 2015 deals with  Conclude a tripartite agreement for project implementation and ensure implementation redeveloping built-up areas, inadequate public housing and ger areas, and re-planning of of the agreement; public land in order to “ensure a healthy, safe and comfortable living environment” (Article 1). This new law has required changes to other laws and policies to ensure coherence. The  Ensure community participation by promoting and publicizing projects, programs and Land Law, for instance, which has already been amended 15 times since it came into effect plans to the public, and receive feedback and complaints; in 2003, was amended four times in 2015. The Development Law, which passed in 2008, was amended three times in 2015. Similarly, city-level procedures passed in 2013 prior to  Implement regeneration activities in accordance with governmental orders; the Redevelopment Law are being updated by the Ministry of Construction and Urban Development (MCUD) at the time of writing.  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. MCUD has also been updating various policies to bring them into line with the Redevelopment Law. The MCUD approved the Operational Procedures for Demolishing and Under Article 24.3, the Capital City Governor also has the authority to organize measures for Rebuilding Inadequate Public Housing Not Complying with Operational Requirements the continuation and completion of a project in cases where the project implementer is (Inadequate Housing Operational Procedures) on 5 July 2016. These procedures outline the declared insolvent by the courts. steps to develop and implement redevelopment of public housing buildings which are assessed to be unsafe and/or structurally unsound, in accordance with the Redevelopment The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city 85 Other laws including the Land Law, the Housing Law, Civil Code, Civil Procedure Code, Law on Legal councils) approves the required development and redevelopment documentation, allocates Status of Cities and Towns, Law on Allocation of Land to Mongolian Citizens, the Construction Law, and funding to resolve the budget for urban development projects and plans, monitors the General Law on Administration are also indirectly relevant to urban development but are beyond the scope of this report.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 4454 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

44 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projectsLaw. TheseOrganize based procedures on activities, the sub replace -includingproject the general Operational allocation plans of Proceduresand land development and implementfor Inad projects;equateation Publicof development Housing micro-districts, ger areas and old parts of the city. whichprojects were based developed on the at sub the- projectcity-level general and approved plans and by development the Ulaanbaatar projects; City Council Presidium Appoint in aJune General 2014 Architect. The MCUD for the has capital also developed city for a newterm procedures of four years for; ger area Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final redevelopment Appoint awhich, General when Architect approved, for thewill capital replace city the for city a -termlevel ofdevelo fourped years Operational; decision to approve, or not, the work being taken forward by the Capital City Governor Procedures Establish for a Ger Department Area Redevelopment. of Urban Development and Construction which must be headed including deciding on the location, size and intended use of the land for a redevelopment by the EstablishGeneral Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the Bothby tthehe GeneralDevelopment Architect; and Redevelopment Laws identify key principles which should council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these underscoreOversee their the developmentimplementation. of the The General Development Development Law’s principlesPlan for the include capital ensuring city and make roles. amendmentsbalance Oversee between and the humanrevisions; development safety, ecologyof the General, economic Development and social Plan development, for the capital and ensuringcity and make equalamendments rights of eachand revisions;party participating in the development process.86 The Redevelopment At the national level, the MCUD is responsible for state-level policy and overseeing Law’sMonitor principles processes are community related to participation urban development, and commitment land usage to andpublic protection; interest. 87 However compliance with the legislation. The Ministry approves any procedures developed at the local both lawsMonitor typically processes use the related word “citizen”to urban development,rather than “individual” land usage thus and excludingprotection; non - level for selecting areas for redevelopment and implementing projects and has the authority MongolianDeliver residents an annual from report the onprotections urban development they provide. activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was 110 and UrbanDeliver Development. an annual report on urban development activities to the Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance Theand Development Urban Development. Law outlines a wide range of documentation required at both the national and support for urban redevelopment and implements and monitors priority projects, program Underand local the level Redevelopment for implementing Law Article development 11, the projects,Capital City including Governor’s regional responsibilities development are plans, to: and plans at the state level. generalUnder development the Redevelopment plans of Law towns Article and 11,villages, the Capital a baseline City assessmentGovernor’s responsibilitiesof urban planning, are to: redevelopmentInitiate projects project based plans on of the towns General and villages,Development and sub Plan,-project Land generalDevelopment plans (ArticlesPlan and the11.1 sub andInitiate-project 12.5). projects general The Redevelopment based plans onand the implement General Law, states Developmentthose that activities; redevelopment Plan, Land projectsDevelopment must complyPlan and withthe development sub-project generaldocumentation plans and required implement under those the Developmentactivities; Law (Articles 3.2 and 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March 14.2).Resolve financing sources for projects and programs being implemented with local state 2016. funding; Resolve financing sources for projects and programs being implemented with local state Forfunding; urban redevelopment activities, the Redevelopment Law divides the process into four phasesSelect with a enumerated project implementer; steps in each phase - the preparation phase, the planning and development Select phase,a project the implementer; implementation phase and the completion phase. Chapter three on activitiesConclude and implementationa tripartite agreement also includes for project requirements implementation for selecting and ensure a project implementation implementer of(Article the agreement;Conclude 19) and afor tripartite selecting agreement a redevelopment for project site implementation (Article 20). and ensure implementation of the agreement; BothEnsure laws outline community rights participationand responsibilities by promoting of parties and involved publicizing in development projects, programs and and plansredevelopment. toEnsure the public, community The andDevelopment receive participation feedback Law includesby andpromoting complaints; a broad and list publicizing of rights andprojects, responsibilities programs andthat appliesplans to allthe “entities, public, and organization receive feedbacks and citizens” and complaints; in implementing urban development activitiesImplement, including regeneration the responsibility activities toin followaccordance all laws, with norms governmental and regulations orders; and to prevent environmental Implement pollution regeneration and meet activities hygiene in andaccordance safety requirements with governmental (Article orders; 22).  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner andThe aRedevelopment legalConclude entity. a tripartite Law lists agreement separate withrights a andcitizen responsibilities who is the land for landownersand/or real estateand owner possessorsand a legal and entity. for the project implementer. The rights of non-landowners and possessors are Undernot specified Article in24.3, the Developmentthe Capital City Law Governor and non also-landowners has the authorityand possessors to organize have measuresno rights orfor theresponsibUnder continuation Articleilities under24.3, and completionthe RedevelopmentCapital ofCity a project Governor Law. in Incasesalso both has where laws the itthauthority ise projectnot always to implementerorganize clear whatmeasures is is a for declaredrightthe andcontinuation insolventwhat is a byandresponsibility. the completion courts. of a project in cases where the project implementer is declared insolvent by the courts. TheREDEVELOPMENT Ulaanbaatar City Council’s LAW: role A RTICLEis primarily 22 to monitor and ensure that the Capital City GovernorThe Ulaanbaatar is fulfilling City his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderTheGovernor rights Articl and ise responsibilitiesfulfilling8 of the Developmenthis/her of responsibilitiescitizens Law, participating the Ulaanbaatarfor implementing in the project: City Council the redevelopment (and aimag cityagenda. councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city funding councils) to resolve approves the the budget required for urban development development and redevelopment projects and plans documentation, monitors , allocates funding to resolve the budget for urban development projects and plans, monitors 86 Urban Development Law, Article 4.1.

87 Urban Redevelopment Law, Article 5.

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5545 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

FALLING SHORT 45 implementation of the development and redevelopmentTHE RIGHT TO ADEQUATE documentation HOUSING IN ULAANBAATAR, and plans, MONGOLIA together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or

 Organize activities, including allocation of land and implementation of development micro To-districts, submit a projectger areas proposal; and old parts of the city. projects based on the sub-project general plans and development projects; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final

UnderdecisionTo Article have to theirapprove, 10 land of the andor not, Redevelopmentreal estatethe work appraised; being Law, taken the Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decisionincluding to deciding approve, on or thenot, location, the work size being and taken intended forward use by of thethe Capitalland for City a redevelopment Governor includingarea, approving deciding funding on the from location, the city size budget, and intended and monitoring use of the implementation. land for a redevelopment When the  To see and demand to see the project implementation plans and other relevant documentation;  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these by the General Architect; councilroles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  To conclude agreements and conduct negotiations with respect to project implementation; roles.  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing  To initiate and request involvement from the land and real estate owners and possessors who are not in Atcompliance the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local amendments and revisions; support of the project; compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local  Monitor processes related to urban development, land usage and protection; levelto cancel for selecting authorization areas forfor aredevelopment redevelopment and project implementing if they rule projects that the and tender has thepro cessauthority was  To get acquainted with and receive information about the process of the project and demand compliance tonot cancel carried authorization out in accordance for a redevelopment with the regulations. project 110if theyThe ruleMinistry that alsothe tenderarranges pro guidancecess was with their contractural obligations; 110  Deliver an annual report on urban development activities to the Ministry of Construction notand carried support out for in urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program  To be provided with temporary land, accommodation and settlement during the project implementation and plans at the state level. period; Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to:

 Not to have any errors in the land and real estate ownership documents;  Initiate projects based on the General Development Plan, Land Development Plan and 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March the sub-project general plans and implement those activities; 1102016. Amnesty International interview with Ministry of Construction and Urban Development, 14 March  To provide complete, true and accurate information and documents required for project implementation; 2016.  Resolve financing sources for projects and programs being implemented with local state  To participate in project implementation through a citizens’ representative organization; funding;

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

 Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;

 Ensure community participation by promoting and publicizing projects, programs and REDEVELOPMENT LAW: ARTICLE 23 plans to the public, and receive feedback and complaints; The rights and responsibilities of the project implementer:

 Implement regeneration activities in accordance with governmental orders;  To have the land and real estate appraised by an authorized third party in cooperation with the land and real estate owners and possessors;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity.  To inform the owners and possessors about the sale and purchase price of the land and real estate on the selected development site; Under Article 24.3, the Capital City Governor also has the authority to organize measures for the continuation and completion of a project in cases where the project implementer is  To be responsible for finding the sources of financing of the project and expenditure in respect of the declared insolvent by the courts. project implementation;

The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City  To submit a proposal to make changes in the planning based on the request received from land and real Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. estate owners and possessors of the selected development site; Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city councils) approves the required development and redevelopment documentation, allocates  To develop and organize the approval and implementation of the projects and plans, to negotiate and funding to resolve the budget for urban development projects and plans, monitors conclude agreements with the Governor of the aimag, capital city, soum or district and the land and real estate owners and possessors, and to evaluate the project performance together with the parties;

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 4654 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 46 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projects  To Organizereport based to theon activities, partiesthe sub about -includingproject the project general allocation implementation plans of and land development and and have implement the report projects;ation reviewed of developmentby the Monitoring micro-districts, ger areas and old parts of the city. Commitprojectstee; based on the sub-project general plans and development projects;  Appoint a General Architect for the capital city for a term of four years; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final   To Appointprovide the a partiesGeneral with Architect true and foraccurate the capital information city andfor surveysa term inof relation four years to the; projects and decision to approve, or not, the work being taken forward by the Capital City Governor plans Establish as well as thea Department required information; of Urban Development and Construction which must be headed including deciding on the location, size and intended use of the land for a redevelopment by the EstablishGeneral Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the  by Tothe comply General with Architect;the environmental, health, safety and other relevant legislation, norms and rules, council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these procedur Overseees and thestandard development requirements of thein their General project Development implementation; Plan for the capital city and make roles. amendments Oversee and the revisions; development of the General Development Plan for the capital city and make  amendmentsTo comply with and the revisions; requirements of Article 15 of the Law on Construction88 and Article 24 of the Urban At the national level, the MCUD is responsible for state-level policy and overseeing Development Monitor Law processes89 during projectrelated implementation. to urban development, land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local  Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority Importantly, Deliver an the annual Development report on Law urban includes development no information activities about to the the Ministry possibility of Construction of evictions to cancel authorization for a redevelopment project if they rule that the tender process was 110 andin the Urban processDeliver Development. anof annualimplementing report ondevelopment urban development plans, however activities the toRedevelopment the Ministry of Law, Construction notes not carried out in accordance with the regulations. The Ministry also arranges guidance thatand if Urbana project Development. implementer cannot agree a deal with a landowner or possessor then they and support for urban redevelopment and implements and monitors priority projects, program Undercan submit the Redevelopment a claim to the courtLaw sArticle “to free 11, up the the Capital land in City exchange Governor’s for compensation”responsibilities inare to: and plans at the state level. accordanceUnder the withRedevelopment the law (Article Law 14.7.3c).Article 11, the Capital City Governor’s responsibilities are to:  Initiate projects based on the General Development Plan, Land Development Plan and theMONITORING subInitiate-project DEVELOPME projects general NTbased plans onand the implement General Developmentthose activities; Plan, Land Development Plan and Boththe thesub Development-project general and plans the Redevelopmentand implement Lawsthose provideactivities; for some degree of monitoring of 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March development Resolve financingand redevelopment sources for projects. projects90 and Howe programsver, under being the implemented laws, different with government local state 2016. funding;bodies Resolvehave multiple financing and sources overlapping for projects mandates and which programs makes being it confusing implemented to understand with local howstate thefunding; process should work. There are also gaps in the implementation of the monitoring process which Select puts aresidents’ project implementer; rights at risk. For example, the Redevelopment Law calls on the project implementer Select toa projectappraise implementer; the value of land and real estate of a resident’s property, and to have Conclude this done aby tripartite a third partyagreement and in for cooperation project implementation with the landowner and ensure or possessor. implementation However, ofthe the three agreement;Conclude companies a tripartite which spokeagreement to Amnesty for project International implementation said that and they ensure do not implementation get third partiesof the to agreement; value land and real estate except in rare circumstances where the company and landowner Ensure or community possessor cannotparticipation reach byan promotingagreement andon apublicizing value. projects, programs and plans toEnsure the public, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and Underplans Article to the 26.4.2public, ofand the receive same law,feedback a body and called complaints; the “Monitoring Committee” also has the authorityImplement to organizeregeneration appraisals activities in orderin accordance to establish with the governmental amount of compensation. orders; However, Implement it is unclear regeneration how this activitieswould work in inaccordance practice because with governmental the Monitoring orders; Committee for a projectConclude is not a set tripartite up in theagreement phase where with acompensation citizen who is amounts the land are and/or agreed. real Accordingestate owner to andthe law,a legalConclude the entity. Monitoring a tripartite Committee agreement is only with set a citizenup in the who third is the phase, land theand/or project real estate owner implementationand a legal entity. phase, which is well past the point when the project implementer and Underlandowner Article or posse24.3,ssor the haveCapital negotiated City Governor the compensation also has the authoritypackage. to organize measures for theUnder continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declaredThethe Monitoring continuation insolvent Committee byand the completion courts. also has of other a project responsibilities in cases where to monitor the project projects. implementer However, isthe declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor88 TheArticle Ulaanbaatar 15is fulfillingof the Construction City his/her Council’s responsibilities Law rolelists isthe primarily rights for andimplementing to responsibilities monitor and the of ensureredevelopment investors that and the clients Capitalagenda. in City Underconstruction.Governor Articl is e fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city 89 Article 24 of the Urban Development Law lists activities prohibited under urban construction. fundingcouncils) to resolve approves the the budget required for urban development development and redevelopment projects and plans documentation, monitors , allocates 90 fundingSee Articles to resolve 7.1.1 and the 7.1.9, budget Article for urban8.1.3 anddevelopment 8.1.4 and Articleprojects 9.1.5 and of plans The Urban, monitors Development Law and Articles 8.14., 10.1.3, 14.7.4.c, 23.1.5 and 23.1.6 of the Urban Redevelopment Law.

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5547 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 47 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development microMCUD-districts, told Amnesty ger areas International and old parts that ofno the such city. body as a Monitoring Committee has been set projects based on the sub-project general plans and development projects; upUnder yet Articlebut they 10 will of bethe in Redevelopment the future when La thew, thenew Ulaanbaatar procedures Cityfor ger Council area redevelopmentmakes the final and Underotherdecision relevantArticle to approve, 10 procedures of the or not,Redevelopment are the approved work being andLaw, takenthat the the Ulaanbaatarforward Land byRelations the City Capital Council Department City makes Governor and the Urbanfinal  Appoint a General Architect for the capital city for a term of four years; decisionConstructionincluding to deciding approve, Department on or thenot, withinlocation, the work the size Ministrybeing and taken intendedensured forward complianceuse by of thethe Capitalland with for the City a lawredevelopment Governor.91 Under the includingarea,Inadequate approving deciding Housi fundingng on Operational the from location, the Procedures,city size budget, and intended whichand monitoring were use passedof the implementation. land in July for 2016,a redevelopment Whena Monitoring the  Establish a Department of Urban Development and Construction which must be headed area,councilCommittee approving is in must recess, funding be establishedthe fromUlaanbaatar the incity accordance Citybudget, Council and with monitoringPresidium the Redevelopment hasimplementation. the authority Law.92 toWhen The fulfil the these by the General Architect; councilroles.Redevelopment is in recess, Law thealso Ulaanbaatar says that a Cityspecial Council inspection Presidium body haswill the conduct authority independent to fulfil these roles.monitoring of project implementation. According to the MCUD, for redevelopment projects in 93  Oversee the development of the General Development Plan for the capital city and make AtUlaanbaatar, the national this level, function the MCUD should is be responsible carried out for by state the -Citylevel Professional policy and overseeing Inspection Agency. amendments and revisions; Atcompliance the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local compliancelevelThe Redevelopment for selecting with the areas legislation.Law for allows redevelopment forThe the Ministry establishment and approves implementing of any a citizens’procedures projects representative anddeveloped has the at authority the local  Monitor processes related to urban development, land usage and protection; leveltoorganization cancel for selecting authorization as one areas way for forto aencourageredevelopment redevelopment community and project implementing participation. if they rule projects thatIts establishment the and tender has thepro is cessauthority one was of tonotthe cancel carriedsteps authorizationin out the in project accordance for preparation a redevelopment with the phase regulations. (Article project 14.7.1.e)110if theyThe ruleMinistry and that according alsothe tenderarranges to Articlepro guidancecess 22, was it 110  Deliver an annual report on urban development activities to the Ministry of Construction notand“shall carried support be established out for in urban accordance onredevelopment a voluntary with the basis”. andregulations. implements The law defines The and Ministry monitors such analso priorityorganization arranges projects, guidance as aprogram non - and Urban Development. andandprofit supportplans organization at for the urban state represented redevelopmentlevel. by members and implements of landowners and monitorsand possessors priority in projects, the affected program andarea plans (Article at the4.1.3). state level. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Under the Redevelopment Law, the city council monitors implementation of projects,  Initiate projects based on the General Development Plan, Land Development Plan and 110programs Amnesty and International plans and interview reviews withthe Ministryactivity ofreport Construction prepared and by Urban the Capital Development, City Governor 14 March the sub-project general plans and implement those activities; 1102016.(Article Amnesty 10.1.3). International Project interview implementers with Ministry are also of Construction obliged to andevaluate Urban the Development, project performance 14 March 2016.together with the Capital City Governor and the land and real estate owners and possessors,  Resolve financing sources for projects and programs being implemented with local state and to report to those parties about the project implementation and have the report reviewed funding; by the Monitoring Committee (Articles 23.1.5 and 23.1.6). Article 14.7.4.c calls for the preparation of a project implementation report including financial accounts and an evaluation  Select a project implementer; of the implementation of the agreement, which must be reviewed by the Monitoring Committee. However, two companies told Amnesty International that the reports they prepare 94  Conclude a tripartite agreement for project implementation and ensure implementation on project implementation go to GAIA, and are not publicly available. of the agreement; 2. THE REDEVELOPMENT PROCESS  Ensure community participation by promoting and publicizing projects, programs and In addition to the laws, there are also procedures, which outline the steps to be taken to plans to the public, and receive feedback and complaints; develop and implement redevelopment plans. The procedures should give further details to complement and align with the Redevelopment Law. To implement ger area redevelopment  Implement regeneration activities in accordance with governmental orders; GAIA follows operational procedures that were adopted at the city level before the Redevelopment Law was passed in June 2015. The GPA was using city-level operational  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner procedures for implementing redevelopment of inadequate public housing. However new and a legal entity. procedures for redevelopment of inadequate public housing drafted by an MCUD working group was approved by the Minister of Construction and Development in July 2016.95 These Under Article 24.3, the Capital City Governor also has the authority to organize measures for the continuation and completion of a project in cases where the project implementer is declared insolvent by the courts. 91 Amnesty International interview with MCUD, 14 March 2016; MCUD letter to Amnesty International dated 7 September 2016, Ref 01/2343. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City 92 Inadequate Housing Procedures, Article 5.7. Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city 93 MCUD letter to Amnesty International dated 7 September 2016, Ref 01/2343 councils) approves the required development and redevelopment documentation, allocates 94 Amnesty International interviews with construction companies on 4 and 10 August, 2016. funding to resolve the budget for urban development projects and plans, monitors 95 Amnesty International telephone conversation with MCUD, 24 June 2016. Under Article 8.1.5 and Article 8.1.6 of the Urban Redevelopment Law the MCUD has the authority to organise the approval of

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 4854 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 48 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projectsnew proceduresOrganize based on activities,replace the sub the -includingproject city-level general allocation operational plans of and landprocedures development and implement for inadequate projects;ation of publi developmentc housing. micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects; OPERATIONAL Appoint PaROCEDURES General Architect FOR GER for AREA the R capitalEDEVELOPMENT city for a term of four years; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final The OperationalAppoint a ProceduresGeneral Architect for Ger for Area the Redevelopment capital city for (Gera term Area of fourOperational years; Procedures) decision to approve, or not, the work being taken forward by the Capital City Governor outlineEstablish the steps a Department to develop andof Urban implement Development redevelopment and Construction of residential which housing must inbe gerheaded areas including deciding on the location, size and intended use of the land for a redevelopment by(Article the EstablishGeneral 1.3.1). Architect;The a Department procedures of currently Urban Development in use were approvedand Construction by the Ulaan whichbaatar must City be headed area, approving funding from the city budget, and monitoring implementation. When the Councilby the PresidiumGeneral Architect; in 2013. The MCUD working group has developed new procedures for ger council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these area Overseeredevelopment the development to bring the of proceduresthe General in Development line with the Plan Redevelopment for the capital Law. city These and makenew roles. amendmentsprocedures Oversee are and thewaiting revisions; development approval atof the timeGeneral of writing.Development Once approvePlan ford the by thecapital Minister city and of make Constructionamendments and and Urban revisions; Development and registered, the new procedures on ger area At the national level, the MCUD is responsible for state-level policy and overseeing redevelopmentMonitor processes will replace related the toexisting urban operationaldevelopment, procedures. land usage and protection; compliance with the legislation. The Ministry approves any procedures developed at the local  Monitor processes related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority UnderDeliver the Redevelopment an annual report Law, on theurban first development phase of the a ctivitiesredevelopment to the Ministryprocess offor Construction a project is to cancel authorization for a redevelopment project if they rule that the tender process was 110 andsite selection.UrbanDeliver Development. anAlthough annual Articlereport on4 of urban the Ger development Area Operational activities Procedures to the Ministry lists requirements of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance forand site Urban selection, Development. the site selection process has been replaced by “Model Format for and support for urban redevelopment and implements and monitors priority projects, program UnderSelecting the aRedevelopment Site for Implementing Law Article Urban 11, Redevelopment the Capital City Projects” Governor’s which responsibilities were approved are by to: and plans at the state level. theUnder Minister the Redevelopmentof Construction andLaw DevelopmentArticle 11, the on Capital 11 May City 2016. Governor’s96 This isresponsibilities one example ofare the to: changingInitiate legal projects and policy based environment on the General for redevelopmentDevelopment Plan, which Land is contributing Development to Planthe sense and theof confusion subInitiate-project among projects general affected based plans residents.onand the implement General Developmentthose activities; Plan, Land Development Plan and the sub-project general plans and implement those activities; 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March ThereResolve is a two financing stage pro sourcescess to forselect projects a private and developer,programs being referred implemented to as the project with local state 2016. funding;implementer. Resolve The financing first step sources is to holdfor projects a vote amongand programs landowners being and implemented possessors withto choose local state whichfunding; company they prefer as the project implementer. Under Article 3.14 of the Ger Area OperationalSelect aProc projectedures, implementer; the Ger Area Housing Project (GAHP) is responsible for presenting the proposalsSelect aput project forward implementer; by prospective companies, collecting the votes, and reporting the 97 resultsConclude to the Project a tripartite Steering agreement Committee. for project However, implementation the Procedures and ensure do not implementation specify any ofquo therum agreement;Conclude of voters a or tripartite minimum agreement number offor votes project required implementation for a company and ensureto be considered implementation the winnerof the of agreement; the vote. Nor do the Procedures specify any minimum or maximum number of shortlistedEnsure companies community that participation can participate by promoting in the presentation and publicizing and voting.projects, programs and plans toEnsure the public, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and Theplans second to the step, public, according and receive to the feedbackGer Area Operationaland complaints; Procedures, is for the company which receivedImplement the highest regeneration support inactivities the vote in to accordance negotiate andwith sign governmental bilateral agreements orders; with the landowners Implement and possessors. regeneration The activities company in has accordance 30-60 days, with depending governmental on the orders; size of the 98 affectedConclude area, toa tripartiteget this done.agreement GAIA with can a decidecitizen onewho timeis the to land extend and/or the realperiod estate for signingowner bilateral agreements by 30 days (Article 5.6). Bilateral agreements must be signed between and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner eachand landowner a legal entity. or possessor in an affected area and the project implementer. Once these are Undersigned, Article the landowner 24.3, the or Capital possessor City and Governor the project also has implementer the authority sign to a organizetripartite measures agreement for the Under continuation Article 24.3, and completion the Capital of City a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is anddeclared compliance insolvent with the by rules, the courts.procedures, guidance, norms, and normative and implement standards in Therelation Ulaanbaatar to urban redevelopment City Council’s matters role isand primarily to appro veto amonitor model procedure and ensure for selectingthat the theCapital area forCity GovernorurbanThe redevelopment Ulaanbaatar is fulfilling Cityprojects. his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City Under96 GovernorAmnesty Articl International ise fulfilling8 of the Developmenttelephonehis/her responsibilities conversation Law, the with Ulaanbaatarfor MCUD, implementing 24 JuneCity Council2016. the redevelopment (and aimag cityagenda. councils)Under Articl approvese 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city 97 funding councils)The GAHP to resolve approveshas tasks the relatedthe budget required to forensuring urban development community development and participation redevelopment projects in and ger plansarea documentation redevelopment, monitors , allocates areas in additfundingion to itsto roleresolve of implementing the budget residentfor urban-initiated development redevelopment projects projects. and plans , monitors 98 Ger Area Operational Procedures, Article 3.16.

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5549 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 49 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or 99  Organize activities, including allocation of land and implementation of development microwith the-districts, Capital ger City areas Governor. and old parts of the city. projects based on the sub-project general plans and development projects; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final UnderAdecision company Article to approve,vying 10 offor the orthe not,Redevelopment redevelopment the work being Lacontractw, taken the Ulaanbaatarmustforward get by no the lessCity Capital thanCouncil 80% City makes Governorof landowners the final  Appoint a General Architect for the capital city for a term of four years; decisionandincluding possessors to deciding approve, to sign on or thenot,a bilateral location, the work agreement size being and taken intendedwith forward them use outlining by of thethe Capital landthe termsfor City a redevelopmentof Governor a resettlement includingandarea, compensation approving deciding funding onpackage, the from location, according the city size budget, toand Article intended and 14.7.1.d monitoring use of of the the implementation. land Redevelopment for a redevelopment When Law. the  Establish a Department of Urban Development and Construction which must be headed area,However,council approving is Articlein recess, funding 4.5.3 the of fromUlaanbaatar the th Gere city Area Citybudget, Operational Council and monitoringPresidium Procedures hasimplementation. requires the authority no less toWhen than fulfil 75%the these by the General Architect; councilsupportroles. is to in be recess, obtained. the UlaanbaatarDespite this contradiction,City Council Presidium officials athas GAIA the toldauthority Amnesty to fulfil these roles.International that, since the Redevelopment Law was passed, the level of support required – 100  Oversee the development of the General Development Plan for the capital city and make inAt thethe formnational of signed level, thebilateral MCUD agreements is responsible – is 80%.for state -GAIAlevel policyofficials and also overseeing told Amnesty amendments and revisions; AtInternationacompliance the national lwi that thlevel, the the thelegislation. 30 -MCUD60 day is Theperiod responsible Ministry is to getapproves for the state initial -anylevel 80%procedures policy support and developedoverseeing but there at is the no timelocal compliancelimitlevel for gettingselecting with thethe areas finallegislation. for 20% redevelopment of The residents Ministry andto approvessign implementing bilateral any proceduresagreements. projects anddeveloped101 hasThis the is at inauthority the line local with  Monitor processes related to urban development, land usage and protection; leveltoArticle cancel for 3.15 selecting authorization of the areas Ger Areaforfor aredevelopment Operationalredevelopment Procedures and project implementing if which they rulestates projects that that the andthe tender prhasoject thepro cessauthority was tonotimplementer cancel carried authorization out “shall in accordance sign for a abilateral redevelopment with theagreement regulations. project with 110 ifeach theyThe land ruleMinistry and that real alsothe estate tenderarranges owner pro guidancecess and was 110  Deliver an annual report on urban development activities to the Ministry of Construction notpossessor”.and carried support out for in urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program andBILATERAL plans at the AGREEMENTSstate level. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Based on the Ger Area Operational Procedures and the model agreement template, the bilateral agreement

should include the following:  Initiate projects based on the General Development Plan, Land Development Plan and 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March the sub-project general plans and implement those activities; 1102016. Amnesty International interview with Ministry of Construction and Urban Development, 14 March  General information about both parties – this includes full name and registration number; 2016.  Resolve financing sources for projects and programs being implemented with local state  General information about the land and real estate – this includes size of the property, address, any funding; immovable property, landownership/possession certificate number, real estate ownership certificate number;

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

 Arrangement for any temporary accommodation while waiting for the new apartment to be constructed;  Ensure community participation by promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Ways of resolving the temporary accommodation in case of exchange for an apartment;

 Implement regeneration activities in accordance with governmental orders;

 Conclude a tripartite agreement with a citizen who is the land and/or real estate owner 99 and a legal entity. The tripartite agreement outlines the terms of the agreement negotiated between the landowner or possessors and the private developer. On 5 July 2016 the Minister of Construction and Development Under Article 24.3, the Capital City Governor also has the authority to organize measures for approved the following model tripartite agreement procedures via Decree 125 – A Model Format of a the continuation and completion of a project in cases where the project implementer is Tripartite Agreement to be Concluded among Parties Involved in the Projects for Re-Organizing the Ger declared insolvent by the courts. Area Land; A Model Format of a Tripartite Agreement to be Concluded among Parties Involved in the Projects for Re-Planning and Constructing of Ger Area Land; A Model Format of a Tripartite Agreement to The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City be Concluded Among Parties Involved in the Projects for Re-Planning and Constructing of Inadequate Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. Public Housing not Complying with the Operational Requirements. This means that, depending of the Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city redevelopment project, the tripartite agreement will be different. councils) approves the required development and redevelopment documentation, allocates 100 Amnesty International interview with GAIA, 15 March 2016. funding to resolve the budget for urban development projects and plans, monitors 101 Amnesty International interview with GAIA, 15 March 2016.

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Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 5054 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

50 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projects  WaysOrganize based to address on activities, therisks sub that -includingproject may arise general inallocation the courseplans of ofand landproject development and implementation; implement projects;ation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects;  WaysAppoint of resolving a General disputes; Architect for the capital city for a term of four years; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final  Appoint a General Architect for the capital city for a term of four years; decision to approve, or not, the work being taken forward by the Capital City Governor   AnyEstablish other conditions a Department agreed byof bothUrban parties; Development and Construction which must be headed including deciding on the location, size and intended use of the land for a redevelopment by the EstablishGeneral Architect; a Department of Urban Development and Construction which must be headed area, approving funding from the city budget, and monitoring implementation. When the 102 council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  by Signaturethe General and sealArchitect; of both parties.  Oversee the development of the General Development Plan for the capital city and make roles. amendmentsAfter theOversee bilateral and the revisions; agreementsdevelopment are of signed the General, the Capita Developmentl City Governor Plan for will the review capital the city project and make planamendments and approve and it. revisions; According to Redevelopment Law Article 14.7.2.d, at this stage, the At the national level, the MCUD is responsible for state-level policy and overseeing threeMonitor parties processes- the project related implementer, to urban development,the Capital City land Governor usage andand protection;the landowners and compliance with the legislation. The Ministry approves any procedures developed at the local possessors Monitor – can processes sign a tripartite related toag urbanreement. development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority  Deliver an annual report on urban development activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was 110 andArticle Urban Deliver4.17 Development. of an the annual Ger Area report Operational on urban Proceduresdevelopment states activities that signingto the Ministry bilateral of and Construction tripartite not carried out in accordance with the regulations. The Ministry also arranges guidance agreementsand Urban is Development. voluntary. However, Article 4.16 states that any landowner or possessor who and support for urban redevelopment and implements and monitors priority projects, program Underrefuses the to signRedevelopment a tripartite contractLaw Article shall 11, be the compensated Capital City the Governor’s appraised responsibilities value of the land/real are to: and plans at the state level. estateUnder and the be Redevelopment required to vacate Law theArticle land. 11, So the the Capital choice Cityis either Governor’s to sign responsibilities a tripartite are to: agreementInitiate or projects to be evicted. based onThis the clause General in theDevelopment Ger Area Operational Plan, Land ProceduresDevelopment contradicts Plan and the subRedevelopmentInitiate-project projects general Law based plans Article onand 14.7.3.c the implement General which Developmentthose states activities; that Plan,a project Land implementer Development seeking Plan and to 110 acquirethe sub land-project from generalreal estate plans owner and orimplement possessor those who hasactivities; refused to sign a tripartite Amnesty International interview with Ministry of Construction and Urban Development, 14 March agreementResolve needs financing to submit sources a claim for projects to the courtsand programs to seek anbeing eviction. implemented with local state 2016. funding; Resolve financing sources for projects and programs being implemented with local state GAIAfunding; officials told Amnesty International that if the remaining 20% of landowners or possessorsSelect cannota project arrive implementer; at an agreement with the project implementer then the government would haveSelect to a establish project implementer; the amount of compensation to be provided. GAIA officials also told AmnestyConclude International a tripartite that agreement there has forbee projectn no case implementation so far under theand current ensure redevelopmentimplementation ofagenda the agreement;Conclude in which athe tripartite government agreement has intervened for project to implementation acquire land under and theensure provisions implementation in the Gerof Areathe agreement; Operational Procedures.103  Ensure community participation by promoting and publicizing projects, programs and plansUnder to Ensurethe the Ger public, communityArea Operationaland receive participation Proceduresfeedback by andpromoting Article complaints; 3.19 and, publicizingbefore sign ingprojects, the triparti programste and agreements,plans to the the public, project and implementer receive feedback needs andto produce complaints; a comprehensive resettlement plan and submitImplement it to regenerationthe Project Steering activities Committee. in accordance Two with companies governmental told Amnesty orders; International that theseImplement resettlement regeneration plans are activities not made in accordancepublicly available. with governmental104 orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner Uponand a signinglegalConclude entity. the a tripartite tripartite agreements,agreement with the aproject citizen implementation who is the land phase and/or can real begin. estate This owner is theand point a legal where entity. landowners and possessors vacate their land and when evictions would take placeUnder against Article those24.3, whothe Capitalrefused City to sign Governor a tripartite also hasagreement the authority (Redevelopm to organizeent Lawmeasures Article for the14.7.3Under continuation.b Article and 14.7.3 24.3, and .completion cthe and Capital Ger Area ofCity a Operationalproject Governor in casesalso Procedures has where the thauthorityArticlee project 4.16 to implementerorganize). According measures is to the for declaredRedevelopmentthe continuation insolvent Law, byand athe projectcompletion courts. implementer of a project must in submitcases where a claim the to project the courts implementer for an eviction. is Evictionsdeclared are insolvent carried byout the by courts.the Court Decision Enforcement Agency. However, GAIA and the Thethree Ulaanbaatar private developers City Council’s who spoke role tois Amnestyprimarily Internationalto monitor and said ensure that inthat practice the Capital the project City Governor The Ulaanbaatar is fulfilling City his/her Council’s responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)102Under Ger Area Articl approves Operationale 8 of the the Procedures, required Development development Article Law, 3.17 the andand Ulaanbaatar additional redevelopment details City includedCouncildocumentation in(and a model aimag, allocates bilateral city fundingagreementcouncils) to provided resolve approves bythe GAIA;the budget required unofficial for urban development English development language and translationredevelopment projects onand file plans documentationwith ,Amnesty monitors International. , allocates funding to resolve the budget for urban development projects and plans, monitors 103 Amnesty International interview with GAIA, 15 March 2016.

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

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Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5551 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

FALLING SHORT 51 implementation of the development and redevelopmentTHE RIGHT TO ADEQUATE documentation HOUSING IN ULAANBAATAR, and plans, MONGOLIA together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development microimplementer-districts, continues ger areas to and negotiate old parts until of thean agreementcity. is reached. projects based on the sub-project general plans and development projects; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final UnderUnderdecision Articlethe to Ger approve, 10 Area of theOperational or not,Redevelopment the workProcedures, being Law, taken ithef a project Ulaanbaatarforward implemen by the City Capital terCouncil fails City makesto Governorcommence the final  Appoint a General Architect for the capital city for a term of four years; decisionconstructionincluding to deciding approve, work within on or thenot, six location, the months, work size beingor repeatedlyand taken intended forward breaches use by of therulesthe Capitalland and for standards City a redevelopment Governor or breaches includingitarea,s obligations approving deciding under funding on the the fromtripartite location, the city agreement, size budget, and intended andthe Projectmonitoring use ofSteering the implementation. land Committee for a redevelopment canWhen the  Establish a Department of Urban Development and Construction which must be headed area,recommendcouncil approving is in thatrecess, funding the theproject fromUlaanbaatar implementthe city Citybudget,er’s Council right and to monitoringPresidium develop t he hasimplementation. area the beauthority terminated toWhen fulfil (Article the these by the General Architect; council4.25).roles. Theis in outgoing recess, theCapital Ulaanbaatar City Governor City Council and Ulaanbaatar Presidium Cityhas Mayorthe authority issued tosix fulfil Decrees these on roles.30 June 2016 cancelling authorization for six project implementers in redevelopment areas  Oversee the development of the General Development Plan for the capital city and make inAt Songinokhairkhan,the national level, theChingeltei, MCUD is and responsible Sukhbaa tarfor districts.state-level105 policy and overseeing amendments and revisions; Atcompliance the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local complianceThelevel Ger for Areaselecting wi Operationalth the areas legislation. for Procedures redevelopment The Ministry do not and giveapproves implementing any information any procedures projects on the anddeveloped project has the completion at authority the local  Monitor processes related to urban development, land usage and protection; levelphase.to cancel for However, selecting authorization underareas theforfor aredevelopmentRedevelopment redevelopment and Law,project implementing a report if they must rule projects bethat prepared the and tender has to showthepro cessauthority the was toaccounts,not cancel carried authorization financial out in accordance calculations for a redevelopment with and the an regulations. evaluation project 110ofif theytheThe project, ruleMinistry that which alsothe tender arrangesis then pro reviewed guidancecess was by 110  Deliver an annual report on urban development activities to the Ministry of Construction nottheand carried Monitoringsupport out for inCommittee urban accordance redevelopment (Redevelopment with the andregulations. implements Law Article The and 14.7.4 Ministry monitors.c). alsoAccording priority arranges projects, to theguidance Ger program Area and Urban Development. andOperationaland supportplans at forProcedures the urban state redevelopmentlevel. Article 5.5, GA andIA implementsalso assesses and project monitors implementation priority projects, and is program andrequired plans to at produce the state a level.biannual report on the findings. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: OPERATIONAL PROCEDUR ES FOR DEMOLISHING AND REBUILDING INADEQUATE PUBLIC HOUSING NOT  Initiate projects based on the General Development Plan, Land Development Plan and COMPLYING110 Amnesty WITHInternational OPERATIONAL interview REQUIREMENTS with Ministry of Construction and Urban Development, 14 March the sub-project general plans and implement those activities; 1102016.Another Amnesty part International of the redevelopment interview with agenda Ministry involves of Construction the demolition and Urban of Development, inadequate 14public March 2016.housing not complying with operational requirements, which are public housing buildings,  Resolve financing sources for projects and programs being implemented with local state typically apartment blocks, which have been assessed to be unsafe and/or structurally funding; unsound. Privatization of apartments began in 1997 and allowed many Ulaanbaatar residents living in apartment buildings/condominiums to obtain ownership of their apartment.106  Select a project implementer; However, many of these buildings are poorly built, dilapidated and in urgent need of repair. Some buildings lack basic infrastructure including toilets and running water.  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; The Operational Procedures for Demolishing and Rebuilding Inadequate Public Housing not Complying with Operational Requirements (Inadequate Housing Operational Procedures)  Ensure community participation by promoting and publicizing projects, programs and outline the steps for developing and implementing redevelopment of inadequate public plans to the public, and receive feedback and complaints; housing. They were approved on 5 July 2016 by the Minister of Construction and Urban Development. These procedures replace the Operational Procedures for Inadequate Public  Implement regeneration activities in accordance with governmental orders; Housing not Complying with Operational Requirements which were passed on 9 June 2014 by the Ulaanbaatar City Council Presidium and regulate the redevelopment of inadequate  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner public housing. Under these procedures any redevelopment sub-project proposal to construct and a legal entity. a new public housing building must provide apartment owners with apartments of equal or larger size. This process is overseen by the City General Planning Agency (GPA). This section Under Article 24.3, the Capital City Governor also has the authority to organize measures for looks at the new procedures but, at the time of writing, it is too early to assess their the continuation and completion of a project in cases where the project implementer is declared insolvent by the courts. 105 Decrees A/566, A/568, A/569, A/570, A/571,and A/572 passed by the Capital City Governor and The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Ulaanbaatar City Mayor, 30 June 2016; unofficial English language translations on file with Amnesty Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. International. Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city 106 Chinzorig Batbileg, Advisor to the Director General, Land privatisation in Mongolia: international councils) approves the required development and redevelopment documentation, allocates seminar on land administration trends and issues in Asia and Pacific Region, Administration of Land funding to resolve the budget for urban development projects and plans, monitors Affairs, Geodesy and Cartography, 19-20 August 2008.

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Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 5254 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

52 FALLING SHORT City Governor’sTHE RIGHT TO ADEQUATEresponsibilities HOUSING IN are ULAANBAATAR, to: MONGOLIA City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projects based on the sub-project general plans and development projects; implementation Organize activities,in practice. including allocation of land and implementation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects;  Appoint a General Architect for the capital city for a term of four years; According to the GPA, before a public housing building is eligible for redevelopment it must Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final be assessedAppoint and a Generalfound to Architect be unsafe for and/or the capital structurally city for unsound. a term of The four inspection years; authority will decision to approve, or not, the work being taken forward by the Capital City Governor inform Establish the apartment a Department owners of and Urban the CapitalDevelopment City Governor and Construction of their decision which muston whether be headed the including deciding on the location, size and intended use of the land for a redevelopment bybuilding the EstablishGeneral has been Architect; a Departmentfound to be unsafeof Urban and/or Development structurally and unsound. Construction Based which on assessments must be headed and area, approving funding from the city budget, and monitoring implementation. When the reportsby the of General several Architect;government entities, the Capital City Governor makes the decision on the council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these redevelopmentOversee the of development the building. of107 the General Development Plan for the capital city and make roles. amendments Oversee and the revisions; development of the General Development Plan for the capital city and make Theamendments Redevelopment and revisions;Law Article 16.2 states that the Capital City Governor (or soum or aimag At the national level, the MCUD is responsible for state-level policy and overseeing governor) Monitor shall processes make a decisionrelated to for urban prohibition development, on the landuse of usage a building and protection; based on the report compliance with the legislation. The Ministry approves any procedures developed at the local prepared Monitor by the processes competent related inspection to urban organization development, on construction land usage and protection;urban development. level for selecting areas for redevelopment and implementing projects and has the authority Article Deliver 3.2 of an the annual Inadequate report onHousing urban Proceduresdevelopment also activities states thatto the the Ministry Governor of shallConstruction make a to cancel authorization for a redevelopment project if they rule that the tender process was 110 anddecision UrbanDeliver to Development.“suspend an annual special report licenses on urban for developmentrunning businesses activities or toservices the Ministry from inadequate of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance housingand Urban until Development.the new building is built.” and support for urban redevelopment and implements and monitors priority projects, program Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: and plans at the state level. ApartmentUnder the owners Redevelopment should then Law submit Article a request11, the toCapital the Capital City Governor’s City Governor responsibilities within 14 daysare to: for theirInitiate buil projectsding to be based covered on the in theGeneral re-planning Development (Redevelopment Plan, Land Law Development 16.3, Inadequate Plan and theHousing subInitiate- projectProcedures projects general Article based plans 3.4). onand the Articleimplement General 3.5 of Developmentthose the Inadequateactivities; Plan, Housing Land Development Procedures Planstates and 110 thatthe the sub request-project must general be supportedplans and byimplement no less than those 80% activities; of apartment owners. Amnesty International interview with Ministry of Construction and Urban Development, 14 March  Resolve financing sources for projects and programs being implemented with local state 2016. funding;The projectResolve imple financingmentation sources activities, for projects including and selection programs of being a project implemented implementer with arelocal state conductedfunding; in line with the Redevelopment Law (Articles 1.4 and 4.2). For the selection of a project Select implementer a project Articleimplementer; 19.6 of the Redevelopment calls for the establishment of an Evaluation Select Committee a project toimplementer; organize and conduct the selection process. The Inadequate Housing Conclude Operational a tripartite Procedures agreement expand for projecton this implementationand call for a representative and ensure implementation of the apartment ofowners the agreement;Conclude to be a member a tripartite of the agreement Evaluation for Committeeproject implementation and specifies and that ensure the Committ implementationee must makeof the a decisionagreement; within 30 days (Articles 4.4 and 4.5).  Ensure community participation by promoting and publicizing projects, programs and plansAfter thetoEnsure the Evaluation public, community andCommittee receive participation hasfeedback made by andpromotingits decision, complaints; and the publicizing company willprojects, be granted programs the rightand to plansnegotiate to the and public, sign bilateraland receive agreements feedback with and the complaints; apartment owners (Article 4.8). Unlike the GerImplement Area Operational regeneration Procedures, activities the in accordancesigning of bilateral with governmental agreements orders; for inadequate housing Implement comes after regeneration the company activities has been in accordanceauthorized aswith the governmental project implementer. orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legalConclude entity. a tripartite agreement with a citizen who is the land and/or real estate owner BILATERALand a legal entity. AGREEMENTS UnderAccording Article to the 24.3,Inadequate the CapitalHousing OperationalCity Governor Procedures, also has the the bilateral authority agreement to organize should includemeasures the for thefollowing:Under continuation Article 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is  declaredGeneral insolventinformation by abou thet thecourts. real estate owner; The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor TheGeneral Ulaanbaatar is informationfulfilling City his/her about Council’s the responsibilities land role and isreal primarily estate; for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils) Under Articl approves e 8 of the the required Development development Law, the and Ulaanbaatar redevelopment City Councildocumentation (and aimag, allocates city fundingcouncils) to resolve approves the the budget required for urban development development and redevelopment projects and plans documentation, monitors , allocates 107funding Chapter toTwo resolve of the theInadequate budget Housingfor urban Procedures development also outlines projects the and steps plans for identifying, monitors housing not complying with operational requirements.

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5553 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

FALLING SHORT 53 implementation of the development and redevelopmentTHE RIGHT TO ADEQUATE documentation HOUSING IN ULAANBAATAR, and plans, MONGOLIA together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development micro-districts, ger areas and old parts of the city.  In cases of a sale and purchase agreement, the timeline for the payment; projects based on the sub-project general plans and development projects; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Underdecision Article to approve, 10 of the or not,Redevelopment the work being Law, taken the Ulaanbaatarforward by the City Capital Council City makes Governor the final  Information about the new apartment being offered including which floor, the number of rooms, size of  Appoint a General Architect for the capital city for a term of four years; decisiontheincluding apartment to deciding approve, and the on scheduleor thenot, location, thefor when work thesize being new and apartmenttaken intended forward will use be by readyof thethe to Capitalland hand forover City a; redevelopment Governor includingarea, approving deciding funding on the from location, the city size budget, and intended and monitoring use of the implementation. land for a redevelopment When the  Establish a Department of Urban Development and Construction which must be headed area,council approving is in recess, funding the fromUlaanbaatar the city Citybudget, Council and monitoringPresidium hasimplementation. the authority toWhen fulfil the these  The agreement concerning moving costs and how it will be resolved; by the General Architect; councilroles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles.  The agreement on temporary resettlement;  Oversee the development of the General Development Plan for the capital city and make At the national level, the MCUD is responsible for state-level policy and overseeing amendments and revisions; Atcompliance the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local  Ways to resolve any risks that may arise in the course of project implementation; compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local  Monitor processes related to urban development, land usage and protection; levelto cancel for selecting authorization areas forfor aredevelopment redevelopment and project implementing if they rule projects that the and tender has thepro cessauthority was  Signature of both parites, seals and dates; tonot cancel carried authorization out in accordance for a redevelopment with the regulations. project 110if theyThe ruleMinistry that alsothe tenderarranges pro guidancecess was 110  Deliver an annual report on urban development activities to the Ministry of Construction notand carried support out for in urban accordance redevelopment with the andregulations. implements The and Ministry monitors also priority arranges projects, guidance program  Any other information.108 and Urban Development. andand supportplans at for the urban state redevelopmentlevel. and implements and monitors priority projects, program and plans at the state level. The Inadequate Housing Operational Procedures makes no mention of evictions. According to Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Article 5.6, the p roject implementer “shall try to negotiate with the real estate owner at any stage of the process and take measures to reach a consensus with the real estate owner who  Initiate projects based on the General Development Plan, Land Development Plan and 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March does not sign a tripartite agreement.” The Procedures make no mention of what happens if the sub-project general plans and implement those activities; 1102016. Amnesty International interview with Ministry of Construction and Urban Development, 14 March the project implementer and apartment owner fail to reach an agreement but, as previously 2016. noted, Article 14.7.3c of the Redevelopment Law says that the project implementer can  Resolve financing sources for projects and programs being implemented with local state submit a claim to the courts if an agreement cannot be reached. funding;

The Inadequate Housing Operational Procedures also note that “in order to protect the life,  Select a project implementer; property, health and safety of house owners the competent authority shall take measures to suspend activities and limit water, heating, [and] electricity.” This article does not provide  Conclude a tripartite agreement for project implementation and ensure implementation information on the process that should be followed before suspending or limiting water, of the agreement; heating and electricity. Any process must include safeguards about when such measures can be taken and must ensure that these measures are not used to deny people minimum  Ensure community participation by promoting and publicizing projects, programs and essential services or to arbitrarily cut off services which are an element of their right to plans to the public, and receive feedback and complaints; adequate housing.

 Implement regeneration activities in accordance with governmental orders; 3. KEY AUTHORITIES

 Conclude a tripartite agreement with a citizen who is the land and/or real estate owner Both central government and city level authorities have responsibility for overseeing the and a legal entity. redevelopment agenda. The state level focuses on compliance with the law while the city level authorities, particularly the Governor, are responsible for ensuring the smooth Under Article 24.3, the Capital City Governor also has the authority to organize measures for implementation of the redevelopment process and for managing any problems or complaints. the continuation and completion of a project in cases where the project implementer is 109 declared insolvent by the courts. The Governor of the capital city and aimags has responsibilities under both the Development and the Redevelopment Law. Under the Development Law Article 9, the Capital The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. 108 Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Inadequate Housing Procedures, Article 4.11. councils) approves the required development and redevelopment documentation, allocates 109 Under the Law on the Legal Status of the Capital City, the posts of Capital City Governor and funding to resolve the budget for urban development projects and plans, monitors Ulaanbaatar City Mayor must be filled by the same individual but the Capital City Governor’s Office and Ulaanbaatar City Mayor’s Office must be kept separate.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 54 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA City Governor’s responsibilities are to: City Governor’s responsibilities are to: implementation of the development and redevelopment documentation and plans, together  Organize activities, including allocation of land and implementation of development with the Capital City Governor; and makes decisions on the development of new districts or projectsCity Governor’sOrganize based on responsibilitiesactivities, the sub -includingproject are general to: allocation plans of and land development and implement projects;ation of development micro-districts, ger areas and old parts of the city. projects based on the sub-project general plans and development projects;  AppointOrganize a activities, General Architect including for allocation the capital of landcity forand a implementterm of fouration years of; development Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final projects Appoint based aon General the sub Architect-project general for the planscapital and city development for a term of projects; four years ; decision to approve, or not, the work being taken forward by the Capital City Governor  Establish a Department of Urban Development and Construction which must be headed including deciding on the location, size and intended use of the land for a redevelopment by  theAppoint EstablishGeneral a GeneralArchitect; a Department Architect of forUrban the Developmentcapital city for and a term Construction of four years which; must be headed area, approving funding from the city budget, and monitoring implementation. When the by the General Architect; council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  OverseeEstablish the a Departmentdevelopment of of Urban the General Development Development and Construction Plan for the which capital must city be and headed make roles. amendmentsby the OverseeGeneral and theArchitect; revisions; development of the General Development Plan for the capital city and make amendments and revisions; At the national level, the MCUD is responsible for state-level policy and overseeing  MonitorOversee processesthe development related ofto theurban General development, Development land Planusage for and the protection; capital city and make compliance with the legislation. The Ministry approves any procedures developed at the local amendments Monitor and processes revisions; related to urban development, land usage and protection; level for selecting areas for redevelopment and implementing projects and has the authority  Deliver an annual report on urban development activities to the Ministry of Construction to cancel authorization for a redevelopment project if they rule that the tender process was 110 and  UrbanMonitorDeliver Development. processes an annual related report toon urban urban development, development landactivities usage to and the protection;Ministry of Construction not carried out in accordance with the regulations. The Ministry also arranges guidance and Urban Development. and support for urban redevelopment and implements and monitors priority projects, program Under Deliver the Redevelopment an annual report Law on Article urban 11,development the Capital activities City Governor’s to the Ministry responsibilities of Construction are to: and plans at the state level. andUnder Urban the Development. Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to:  Initiate projects based on the General Development Plan, Land Development Plan and Underthe sub Initiatethe-project Redevelopment projects general based plans Law onand Article the implement General 11, the Developmentthose Capital activities; City Plan,Governor’s Land responsibilitiesDevelopment Plan are andto: the sub-project general plans and implement those activities; 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March  ResolveInitiate projectsfinancing based sources on thefor projectsGeneral Developmentand programs Plan, being Land implemented Development with Planlocal andstate 2016. funding;the subResolve-project financing general plans sources and for implement projects andthose programs activities; being implemented with local state funding;  SelectResolve a financingproject implementer; sources for projects and programs being implemented with local state funding; Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation of theSelect agreement;Conclude a project a tripartite implementer; agreement for project implementation and ensure implementation of the agreement;  EnsureConclude community a tripartite participation agreement forby promotingproject implementation and publicizing and projects, ensure implementationprograms and plansof the toagreement;Ensure the public, community and receive participation feedback by andpromoting complaints; and publicizing projects, programs and plans to the public, and receive feedback and complaints;  ImplementEnsure community regeneration participation activities by in promoting accordance and with publicizing governmental projects, orders; programs and plans toImplement the public, regeneration and receive activities feedback in and accordance complaints; with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and  aImplement legalConclude entity. regenerationa tripartite agreement activities inwith accordance a citizen whowith isgovernmental the land and/or orders; real estate owner and a legal entity. Under Conclude Article 24.3,a tripartite the Capital agreement City Governorwith a citizen also haswho the is theauthority land and/or to organize real estate measures owner for theandUnder continuationa legal Article entity. 24.3, and completion the Capital ofCity a project Governor in casesalso has where the thauthoritye project to implementerorganize measures is for declaredthe continuation insolvent byand the completion courts. of a project in cases where the project implementer is Underdeclared Article insolvent 24.3, theby theCapital courts. City Governor also has the authority to organize measures for Thethe continuationUlaanbaatar andCity completionCouncil’s role of ais projectprimarily in tocases monitor where and th eensure project that implementer the Capital is City declaredGovernorThe Ulaanbaatar insolventis fulfilling byCity his/her the Council’s courts. responsibilities role is primarily for implementing to monitor and the ensureredevelopment that the Capitalagenda. City UnderGovernor Articl ise fulfilling8 of the Developmenthis/her responsibilities Law, the Ulaanbaatarfor implementing City Council the redevelopment (and aimag cityagenda. councils)TheUnder Ulaanbaatar Articl approvese 8 City of the the Council’s required Development roledevelopment is Law,primarily the and Ulaanbaatarto redevelopmentmonitor and City ensure Councildocumentation that (and the aimag Capital, allocates city City fundingGovernorcouncils) to is resolve approvesfulfilling the his/herthe budget required responsibilities for urban development development for implementingand redevelopment projects andthe redevelopmentplans documentation, monitors agenda. , allocates Underfunding Articl toe resolve 8 of the the Development budget for urban Law, thedevelopment Ulaanbaatar projects City Council and plans (and, monitors aimag city councils) approves the required development and redevelopment documentation, allocates funding to resolve the budget for urban development projects and plans, monitors

Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Amnesty International December 2016 Index: ASA 30/4933/2016 FALLING SHORT 55 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR,FALLING MONGOLIA SHORT 5555 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together City Governor’s responsibilities are to: implementationwith the Capital ofCity the Governor; development and makesand redevelopment decisions on documentationthe development and of plans,new districts together or withmicro the-districts, Capital gerCity areas Governor; and old and parts makes of thedecisions city. on the development of new districts or  Organize activities, including allocation of land and implementation of development microimplementation-districts, ger of theareas development and old parts and of redevelopmentthe city. documentation and plans, together projects based on the sub-project general plans and development projects; withUnder the Article Capital 10 City of the Governor; Redevelopment and makes La w,decisions the Ulaanbaatar on the development City Council of makes new districts the final or Undermicrodecision -Articledistricts, to approve, 10 ger of areasthe or not,Redevelopment and the old work parts being ofLa thew, taken the city. Ulaanbaatarforward by the City Capital Council City makes Governor the final  Appoint a General Architect for the capital city for a term of four years; decisionincluding to deciding approve, on or thenot, location, the work size being and taken intended forward use by of thethe Capitalland for City a redevelopment Governor includingUnderarea, approving Article deciding 10 funding of on the the Redevelopmentfrom location, the city size budget, andLaw, intended theand Ulaanbaatar monitoring use of the implementation.City land Council for a redevelopmentmakes When the thefinal  Establish a Department of Urban Development and Construction which must be headed area,decisioncouncil approving is to in approve, recess, funding theor not, fromUlaanbaatar the the work city beingCitybudget, Council taken and forwardmonitoringPresidium by the hasimplementation. Capitalthe authority City Governor toWhen fulfil the these by the General Architect; councilincludingroles. is indeciding recess, on the the Ulaanbaatar location, size City and Council intended Presidium use of hasthe theland authority for a redevelopment to fulfil these roles.area, approving funding from the city budget, and monitoring implementation. When the  Oversee the development of the General Development Plan for the capital city and make councilAt the national is in recess, level, the the Ulaanbaatar MCUD is responsible City Council for Presidiumstate-level haspolicy the and authority overseeing to fulfil these amendments and revisions; Atroles.compliance the national wi thlevel, the thelegislation. MCUD isThe responsible Ministry approves for state -anylevel procedures policy and developedoverseeing at the local compliancelevel for selecting with the areas legislation. for redevelopment The Ministry and approves implementing any procedures projects anddeveloped has the at authority the local  Monitor processes related to urban development, land usage and protection; levelAtto cancelthe for national selecting authorization level, areas the forfor MCUD aredevelopment redevelopment is responsible and project implementingfor state if they-level rule policyprojects that andthe and tenderoverseeing has thepro cessauthority was tocompliancenot cancel carried authorization outwith in the accordance legislation. for a redevelopment with The the Ministry regulations. project approves 110if theyThe any ruleMinistry procedures that alsothe developedtenderarranges pro guidance cessat the was local 110  Deliver an annual report on urban development activities to the Ministry of Construction notleveland carried support for selecting out for in urban accordance areas redevelopment for redevelopment with the andregulations. implements and implementing The and Ministry monitors projects also priority and arranges has projects, the guidance authority program and Urban Development. andtoand cancel supportplans authorizationat for the urban state redevelopmentlevel. for a redevelopment and implements project if theyand monitorsrule that thepriority tender projects, process program was andnot planscarried at out the in state accordance level. with the regulations.110 The Ministry also arranges guidance Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: and support for urban redevelopment and implements and monitors priority projects, program and plans at the state level.  Initiate projects based on the General Development Plan, Land Development Plan and 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March the sub-project general plans and implement those activities; 1102016. Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. 110  Resolve financing sources for projects and programs being implemented with local state Amnesty International interview with Ministry of Construction and Urban Development, 14 March funding; 2016.

 Select a project implementer;

 Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;

 Ensure community participation by promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints;

 Implement regeneration activities in accordance with governmental orders;

 Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity.

Index: ASA 30/4933/2016 Amnesty International December 2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

Index: ASA 30/4933/2016 Amnesty International December 2016 54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 5654 FALLING SHORT FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

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Amnesty International December 2016 Index: ASA 30/4933/2016 Amnesty International December 2016 Index: ASA 30/4933/2016 Index: ASA 30/4933/2016 Amnesty International December 2016

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FALLING SHORT THE RIGHT TO ADEQUATE HOUSING AT RISK IN ULAANBAATAR, MONGOLIA

Ulaanbaatar, Mongolia’s capital, is undergoing large-scale redevelopment to provide better housing and access to services for residents and to combat high pollution levels. The redevelopment agenda focuses on both Ulaanbaatar’s ger areas, where 60% of Ulaanbaatar’s 1.3 million residents live, and on public housing buildings which are unsafe and/or structurally unsound.

Despite the advanced stage of the redevelopment agenda in Mongolia, relevant laws and policies are lagging behind practice. This briefing examines the process in place for ger area redevelopment and redevelopment of inadequate public housing buildings, the two areas of the redevelopment agenda that directly affect the most number of Ulaanbaatar residents. It reviews the current redevelopment legal and policy framework and assesses its ability to protect the rights of those affected by the redevelopment process.

Amnesty International’s research found significant shortcomings in the laws, policies and practices of redevelopment. This legal and regulatory framework is not in line with Mongolia’s obligations under international human rights law and standards, and places a large number of residents at risk or in a situation of permanent uncertainty about their housing situation.

Index: ASA 30/4933/2016 12/2016 Language: English amnesty.org