Business and Human Rights

Over the past few years, rapid political, social, and economic changes in Mongolia and other countries are causing an increase in human rights violations and business instability, which require timely and urgent solutions.

In 2011, the United Nations Human Rights Council endorsed the “Business and Human Rights” program to promote responsible business principles through the mechanisms to protect, respect, and remedy for victims of business-related human rights violations. It is notable that some countries, such as Germany and France, are starting to oblige businesses to conduct human rights due diligence in order to implement the principles of respect, protection, and restoration of human rights in business operations.

In 2016, the Government of Mongolia adopted Resolution 204, an action plan to implement the Recommendations of the Human Rights Council, and a policy to contribute to building businesses responsibly and with respect for human rights by strengthening collaboration of government agencies, civil society organizations, non-governmental organizations in Mongolia.

Our law firm, MDS & KhanLex LLP, became the first law firm in the Mongolian legal field which started to provide a full range of legal services such as Business and Human Rights Due Diligence Training, Research, and Human Rights Due Diligence, in order to protect, respects and restores human rights by implementing the principles, policies, and programs of the “Business and Human Rights”, preventing from human rights adverse impacts, contributing to a more responsible business environment, and supporting the mechanisms for addressing adverse impacts on human rights.

Some countries and corporations around the world are adopting a policy of requiring exporters, importers, and business partners not to violate human rights and cause adverse impacts on human rights and refusing to cooperate if they do not meet this requirement. International banks and financial institutions have also begun to impose this requirement on financing and investment. On the other hand, preventing, mitigating, and eliminating human rights violations and adverse impacts as a result of business activities is the foundation for the long-term, sustainable and dignified existence of the business. For this purpose, businesses are proactively undertaking Human Rights Due Diligence to identify risks and address the actual, or potential adverse human rights impacts of their related operations.

Our Business and Human Rights practice is led by Batbuyan Sodnomjamts, the Partner of the firm.