The Constitution of Mongolia of 19921 establishes the rights and duties of both citizens and State toward the environment and nature.
“Article 6 […] 4. The State shall have the right to hold responsible the land owners in connection with the manner the land is used, to exchange or take it over with compensation on the grounds of special public need, or confiscate the land if it is used in a manner adverse to the health of the population, the interests of environmental protection and national security.
Article 16 The citizens of Mongolia shall be guaranteed the privilege to enjoy the following rights and freedoms: […] 2) Right to healthy and safe environment, and to be protected against environmental pollution and ecological imbalance.
Article 17 2.[…]It is a sacred duty for every citizen to work, protect his/her health, bring up and educate his/her children and to protect nature and the environment.
Article 38 […] 2. The Government shall implement the State laws and according to the duty to direct economic, social and cultural development shall exercise the following powers: […] 4) to undertake measures on the protection of the environment, rational use and restoration of natural resources;”
The Environmental Protection Law of Mongolia, 2005’s purpose “is to regulate relations between the State, citizens, business entities and organisations in order to guarantee the human right to live in a healthy and safe environment, an ecologically balanced social and economic development, the protection of the environment for present and future generations, the proper use of natural resources and the restoration of available resources.”
In that respect, the 4th Article of the Environmental Protection Law of Mongolia (2005) states that:
“1. Citizens shall have the following rights in protecting the environment:
1) to bring claims for compensation for damage to their property or health resulting from adverse environmental impact against the person responsible for causing the damage;
2) to commence legal action against persons whose conduct may cause adverse environmental impact or jeopardise the enforcement of legislation on environmental protection;
3) to establish non-Governmental organisations and capital funds for protection of the environment;
4) to obtain accurate information about the environment from relevant organisations; and
5) to require relevant authorities to restrict or prohibit actions which may cause adverse environmental impacts and to prohibit the establishment of new business entities or organisations whose activities may cause adverse environmental impacts.
2. Citizens shall have the following duties to protect the environment:
1) to comply with legislation on environmental protection;
2) to acquire and use traditional knowledge and skills to protect the environment and to educate their children on ecology;
3) to prevent adverse environmental impacts and to restore or compensate for any damage or loss in the form of adverse environmental impacts arising from their conduct.”