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Urgent Call for Conditionalities on New IFC and EBRD Loan to Oyu Tolgoi Mine

Published

2 months ago

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By Accountability Counsel and partners

Joint Statement

December 9, 2024

We, the undersigned civil society organizations (CSOs) and representatives of herders from Mongolia, strongly condemn the International Finance Corporation (IFC) and European Bank for Reconstruction and Development (EBRD) in providing a $100 million loan each, to Oyu Tolgoi (OT). This decision blatantly disregards years of unresolved grievances, environmental harm, and the failure of OT to comply with IFC and EBRD’s safeguard standards, as well as widespread rejection from local herders, CSOs, and even the Mongolian government.

Unresolved Harms and Non-Compliance

OT has failed to address critical issues, including its commitments under the 2017 Herders Complaint Resolution Agreements and IFC and EBRD’s social and environmental safeguards. Longstanding issues include:

  1. Failures in completing Resolution Agreements: Herders continue to struggle to sustain their livelihoods and protect the environment, as the agreements resulting from CAO complaints remain incomplete. The Tripartite Council (TPC), tasked with implementing the 2017 Agreements, has failed to ensure meaningful involvement of herders in safeguarding their rights and livelihoods.
  2. Tailings Storage Facility (TSF) Seepage: Despite implementing a Remedial Action Plan (RAP) as required by lenders to address the seepage from tailings cell 1 (TC1), OT has neither adequately mitigated the seepage nor transparently disclosed its full extent. Recent data reveals worsening water quality, with Total Dissolved Solids (TDS) levels rising dramatically downstream.
  3. Pasture and Water Scarcity: The mine’s expansion plans threaten vital grazing lands and water resources. Springs that once supported herders’ livelihoods have dried up, forcing herders to compete for limited resources. Moreover, the Dugat-Khaliv river, a key water source for herders, has been diverted around TC2 in a diversion channel without capacity to convey flood-level flows during rainy periods, leading to significant water loss for downstream herders.
  4. Environmental Failures: OT consistently fails to meet the design goal of 64% tailings solid content, resulting in inevitable seepage from the additional pressure exerted by excess water in the tailings cell. This and other design inefficiencies directly lead to massive water wastage estimated at up to $1.46 million per year.
  5. Inadequate Community Engagement: Herders were not meaningfully consulted about the RAP or OT’s expansion plans, violating IFC and EBRD principles of transparency and participation.

Water Mismanagement and Wastage

OT’s operations exacerbate water scarcity through inefficient tailings management. Water wasted due to tailings solids being below design criteria results in significant financial and environmental costs:

  • From 2013-2017, OT achieved 56% solids (8% below design standard), wasting $1.46 million worth of water annually. From 2018-2024, OT achieved nearly 60% solids (4% below design standard) on average, meaning OT wastes $730,000 annually on replacement water. OT has approximately wasted $12.41 million since 2017 from losing 248.2 million liters of water.
  • Oyu Tolgoi (OT) must attain the highest percentage of solid content as specified by its design criteria, 64%, to effectively prevent water scarcity in the South Gobi Desert and ensure improved water access for herders. While lenders argue that the 60-64% range meets the standard, 2012 ESIA states that “Final concentrate will be thickened to 65% solids” which proves otherwise. The TSF operating consistently below 60% results in excessive water waste, posing severe risks to the fragile desert ecosystem and the livelihoods of herders who rely on limited freshwater resources. Achieving the 64% target is not merely an option but a critical necessity to minimize environmental harm, optimize resource use, and uphold OT’s responsibility to local communities.
  • This inefficiency compounds the structural weakness of tailings dams, necessitating costly redesigns and increasing the risk of catastrophic failure. Concerns Over Project Categorization and Political Risks We are deeply concerned that IFC and EBRD categorized OT’s expansion as a Category B project, despite its significant and irreversible impacts on herders and the environment. This misclassification downplays the scale of the risks, undermining proper oversight. Additionally, the Mongolian government is in a disagreement on additional financing that will add more debt, and the Mongolian Parliament Resolution #103 requires an independent audit of underground mine cost overrun which has not been disclosed. Approving new financing in such a contentious political and social environment poses significant risks to the project’s viability.

Recommendations and Conditionalities

IFC and EBRD must impose strict conditionalities on OT before any disbursements begin and ensure the conditionalities are placed in the lending agreement, including:

  1. Fulfillment of Past Commitments:
    • Include the 2017 Herders Complaint Resolution Agreements (HCRAs) in lenders’ compliance requirements and fully implement them.
    • Amend the RAP to include routine medical assessments for herders and their animals impacted by the contaminated water from the TSF seepage, and update Stakeholder Engagement Plan to involve the wider herder community impacted by the seepage.
    • Disclose all the important data from the attachments and annexes of the RAP.
  2. Water and Tailings Management Improvements:
    • Achieve the 64% as the highest solid content target for tailings as per the original ESIA.
    • Disclose the full extent of TSF seepage impacts, including chemical contamination and health risks.
  3. Protection of Herders’ Livelihoods:
    • Permanently halt land acquisitions that displace herders and prioritize using existing lease areas for future tailings cells.
    • Construct a permanent Dugat-Khaliv diversion channel based on maximum flood probabilities.
  4. Transparency and Meaningful Engagement:
    • Disclose all environmental and social impact assessments (ESIA) for expansion plans, implementation of the ESAP from the initial OT project loan, and OT Green Investment Plan.
    • Take actions to strengthen TPC functions through assessing TPC Charter and the implementation of the HCRAs
    • Ensure meaningful consultation with affected communities on all project aspects. This includes consultations on the expansion plans, environmental and social assessment related documents and strengthening of the Tripartite Council with valid herder representation as the body responsible to address herders’ concerns around the OT project.

The approval of new financing to OT without addressing these critical issues perpetuates harm to herders and the environment while eroding public trust in IFC’s and EBRD’s commitment to sustainable development. We call on IFC and EBRD to uphold their safeguards and suspend agreement signing and financing until OT achieves full compliance and fulfills its obligations to herders and the environment.

(Link to full statement in English and Mongolian)

Contact Information:
Sukhgerel Dugersuren, Oyu Tolgoi Watch, 976-99185828, otwatch@gmail.com
Battsengel Lkhamdoorov, Gobi Soil, 976-88705595, tsengel_5595@yahoo.com
Julio Castor Achmadi, Accountability Counsel, julio@accountabilitycounsel.org
Nina Lesikhina, Bankwatch Network, ninalesikhina@bankwatch.org

Signatories:
Gobi Soil, Mongolia
Oyu Tolgoi Watch, Mongolia
Center for Human Rights and Development, Mongolia
AFE, Mongolia
APPDO, Mongolia
CA NGO, Mongolia
GFS, Mongolia
MFSW, Mongolia
RwB Mongolia
SR NGO, Mongolia
SWA, Mongolia
SWB NGO, Mongolia
Accountability Counsel
CEE Bankwatch Network, Regional
Bank Climate Advocates, USA
Bank Information Center, USA
Both ENDS, the Netherlands
Center for Community Mobilization and Support, Armenia
Centre for Research and Advocacy, Manipur, India
Earth Thrive, UK/Serbia
Friends with Environment in Development (FED), Uganda
GAIA, Regional
Gender Action, USA
Green Advocates
Initiative for Right View (IRV), Bangladesh
International Accountability Project
INWOLAG
Kazakhstan International bureau for human rights, Kazakhstan
London Mining Network
LSD, Senegal
NGO Forum on ADB, Regional
Peace Point Development Foundation-PDF, Nigeria
Recourse
Samata & mm&P, India
Sinergia Animal, Brazil
Urgewald, Germany
Witness Radio, Uganda.

Source: Accountability Counsel.

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NGO WORK

Business, UN, Govt & Civil Society urge EU to protect sustainability due diligence framework

Published

4 days ago

on

February 20, 2025

By

As the publishing date for the European Commission’s Omnibus Simplification Package proposal draws closer, a coalition of major business associations representing over 6000 members, including Amfori and the Fair Labor Association, has called on the EU to uphold the integrity of the EU sustainability due diligence framework.

Governments have also joined the conversation, with the Spanish government voicing its strong support for maintaining the core principles of the CSRD and CSDDD.

Their call emphasises the importance of preserving the integrity of the Corporate Sustainability Due Diligence Directive (CSDDD) and Corporate Sustainability Reporting Directive (CSRD).

These powerful business voices have been complemented by statements from the UN Working Group on Business & Human Rights, alongside 75 organisations from the Global South and 25 legal academics, all cautioning the EU against reopening the legal text of the CSDDD.

Additionally, the Global Reporting Initiative has urged the EU to maintain the double materiality principle of the Corporate Sustainability Reporting Directive, meanwhile advisory firm Human Level published a briefing exploring the business risks of reopening level 1 of the text.

Concerns stem from fears that reopening negotiations could weaken key human rights and environmental due diligence provisions, undermine corporate accountability and create legal uncertainty for businesses.

The European Commission’s Omnibus proposal is expected to be published on 26 February.

Source: Business & Human Rights Resource Centre

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NGO WORK

Kenya: Court halts flagship carbon offset project used by Meta, Netflix and British Airways over unlawfully acquiring community land without consent

Published

3 weeks ago

on

February 6, 2025

By

“Landmark Court Ruling Delivers Devastating Blow To Flagship Carbon Offset Project”, Friday, 31 January 2025.

A keenly-watched legal ruling in Kenya has delivered a huge blow to a flagship carbon offset project used by Meta, Netflix, British Airways and other multinational corporations, which has long been under fire from Indigenous activists. The ruling, in a case brought by 165 members of affected communities, affirms that two of the biggest conservancies set up by the controversial Northern Rangelands Trust (NRT) have been established unconstitutionally and have no basis in law.

The court has also ordered that the heavily-armed NRT rangers – who have been accused of repeated, serious human rights abuses against the area’s Indigenous people – must leave these conservancies. One of the two conservancies involved in the case, known as Biliqo Bulesa, contributes about a fifth of the carbon credits involved in the highly contentious NRT project to sell carbon offsets to Western corporations. The ruling likely applies to around half the other conservancies involved in the carbon project too, as they are in the same legal position, even though they were not part of the lawsuit. This means that the whole project, from which NRT has made many millions of dollars already (the exact amount is not known as the organisation does not publish financial accounts), is now at risk.

The case was first filed in 2021, but judgment has only recently been delivered by the Isiolo Environment and Land Court. The legal issue at the heart of this case was identified in Survival International’s “Blood carbon” report, which also disputed the very basis of NRT’s carbon project: its claim that by controlling the activities of Indigenous pastoralists’ livestock, it increases the area’s vegetation and thus the amount of carbon stored in the soil.

The ruling is also the latest in a series of setbacks to the credibility of Verra, the main body used to verify carbon credit projects. Even though some of the participating conservancies in the NRT’s project lacked a clear legal basis and therefore could not ‘own’ or ‘transfer’ carbon credits to the NRT, the project was still validated and approved by Verra, and went through two verifications in their system. Complaints by Survival International prompted a review of the project in 2023, which also failed to address the problem.

Caroline Pearce, Director of Survival International, said today: “The judgement confirms what the communities have been saying for years – that they were not properly consulted about the creation of the conservancies, which have undermined their land rights. The NRT’s Western donors, like the EU, France and USAID, must now stop funding the organization, as they’ve been funding an operation which is now ruled to have been illegal…

The lawsuit accused NRT of establishing and running conservancies on unregistered community land, “without participation or involvement of the community,” including not obtaining free prior and informed consent before delineating and annexing community lands for private wildlife conservation.

The complaint reads, in part, “(NRT), with the help of the Rangers and the local administration, continue to use intimidation and coercion as well as threats upon the community leaders where the community leaders attempt to oppose any of their plans.” The case was brought by communities from two conservancies, Biliqo Bulesa Conservancy (which is in the NRT’s carbon project area and where 20% of the project’s carbon credits were generated) and Cherab Conservancy, which isn’t.

These two conservancies, the court has ruled, were illegally established. Permanent injunctions have been issued banning NRT and others from entering the area or operating their rangers or other agents there. The government has to get on with registering the community lands under the Community Land Act, and has to cancel the licences for NRT to operate in the respective areas. The NRT’s carbon offset project is reportedly the largest soil carbon capture project in the world.

Source: Business & Human Rights Resource Centre

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NGO WORK

France: CSOs criticise French government’s call for “massive regulatory pause” on EU legislation, incl. CSRD and CSDDD

Published

4 weeks ago

on

January 30, 2025

By

“Corporate Sustainability Due Diligence Directive : France advocates for indefinite postponement, to the detriment of social and environemental justice,” 24 January 2025

According to a document made public by Politico and Mediapart, the French government, via the Minister of Economy Eric Lombard, intends to bring to Brussels an agenda of all-out deregulation which, in addition to suspending the application of the text “sine die”, would call into question entire sections of the Corporate Sustainability Due Diligence Directive. This irresponsible position risks precipitating the unravelling of a text necessary in the face of the climate and social crisis, a text that France nevertheless declares to have supported.

[…] The instrumentalization of the simplification of the law to weaken a directive is dangerous and unacceptable for European democracy.

According to the document published this morning in the press, France would request an indefinite postponement of the application of this directive, a significant increase in the application thresholds, or even the removal of the clause that would allow in the future to specifically regulate the activities of financial actors. These numerous modifications would lead to an exclusion of nearly 70% of the companies concerned, even though only 3,400 of the 32 million European companies (i.e. less than 0.1%) were covered under the previous thresholds according to the NGO SOMO.

In reality, as during the negotiation of the text, France is merely echoing the demands made by several employers’ organisations hostile to the duty of vigilance, including AFEP and Business Europe. In doing so, France is actively contributing to undoing the progress achieved by citizens in recent years.

For our organisations, human rights and environmental associations and trade unions, the position expressed by France is irresponsible and incomprehensible. Last week, more than 160 European associations and trade unions repeated their opposition to a questioning of European Sustainable Finance legislations.

We call on the President of the Republic Emmanuel Macron and the Bayrou Government to reconsider this position as soon as possible and to reiterate France’s support for the European duty of vigilance, for the other texts of the Green Deal which are vital for people, the climate and biodiversity, and for respecting their implementation timelines.

Source: Business & Human Rights Resource Centre

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