MP S.Ganbaatar is to sue Rio Tinto in the International Court of Justice, the ICJ in Hague, according to a press conference held today, Tuesday April 2nd.
MP S.Ganbaatar explained about his reasoning saying “the UN released 1803 resolution declaring the sovereignty of developing countries based on mineral resources. According to UN General Assembly Resolution 1803 (XVIII), of December 14th, 1962, natural resources belong to the people of the country. They don"t belong to transnational corporations; they don"t belong to the President of the country or to the politicians, but to people and the nation.
The ICJ has jurisdiction over the implementation of the resolution. Therefore we are to submit a claim to the ICC. We will also deliver a notice to the Secretary-General of the United Nations.”
MP S.Ganbaatar said that investors of Oyu Tolgoi project failed to follow principles of good faith or fair practice when signing the Investment Agreement.
In addition it is claimed that Rio Tinto threatens the water resources of the Gobi.
Careful research by Mongolian water experts found that 35.4 million ML a year of water usage in the Oyu Tolgoi processing plant in its current capacity is in excess of the inferred underground water resources.
Mongolian experts calculated water usage in processing plant three at different variants of 37.8, 54.7 and 82.1 million ML. But the approved water resource for Oyu Tolgoi is 27.4 million ML.
Due to these issues MP S.Ganbaatar announced the intention to take Rio Tinto to the ICJ and the London Court of International Arbitration (LCIA), delivering notes to the Geneva International Conference Centre.