Civic Engagement in Decision Making (MN0024)
Action Plan: Mongolia Action Plan 2016-2018
Action Plan Cycle: 2016
Lead Institution: Central Government Authority
Support Institution(s): Government organisations of all levels; Open Society Forum, MNB- “Mongolian News” Channel, NGOs work with Monitoring and Evaluation and Policy Development Mongolian Association of Journalists, “Globe International” http://www.zasag.mn/tunshlel http://www.opengovpartnership.org/;
Policy AreasLegislation & Regulation, Lobbying, Public Participation
Status quo or problem addressed by the commitment: The Mongolia Governments has adopted legislation to ensure that the engagement of the public in policy and decision-making processes. These pieces of legislation are the Law on Development Policies and Planning, the Law on Public Hearing, the General Law on Governance and the Law on Legislations. Thus, for these documents to be effective, there is a necessity to increase and mobilise public engagement in the implementation of these legislations. Main Objective: Ensure public engagement and transparency in the decision-making processes of government organisations, which in turn has a positive impact on the public interest. Brief Description of commitment (140 character limit): Promote and advocate the rights of public engagement reflected in these legislations to the general public and foster justice by enabling the public to implement their rights and obligations and actively engage and participate in the decisions concerning them.
IRM Midterm Status Summary
Promote and advocate the rights of public engagement reflected in these legislations[Note56: These legislations referenced in the commitment text are the Law on Development Policies and Planning, the Law on Public Hearing, the General Law on Governance, and the Law on Legislations.] to the general public and foster justice by enabling the public to implement their rights and obligations and actively engage and participate in the decisions concerning them.
Status quo or problem addressed:
The Mongolia Government has adopted legislation to ensure the engagement of the public in policy and decision-making processes. These pieces of legislation are the Law on Development Policies and Planning, the Law on Public Hearing, the General Law on Governance and the Law on Legislations. Thus, for these documents to be effective, there is a necessity to increase and mobilize public engagement in the implementation of these legislations.
Ensure public engagement and transparency in the decision-making processes of government organizations, which in turn has a positive impact on the public interest.
3.1. Provide training and advocacy on a broad scale on how to engage and provide feedback in the decision-making processes for decisions that could affect the legal interests and rights of the individual and the public.
3.2. Government authorities and governors shall present decisions that could impact the interests of the public to the public in a transparent and accessible manner with sufficient time for feedback.
3.3. Evaluate the level of public engagement in the decisions by government authorities and governors that could impact public interest.
Responsible institutions: Central Government Authority responsible for Justice, Head of Legal Reform Policy Department
Supporting institutions: Government organizations of all levels, Open Society Forum, MNB- 'Mongolian News' Channel National Broadcaster (MNB, a non-profit entity responsible for the 'Mongolia News Channel'), NGOs work with Monitoring and Evaluation and Policy Development Mongolian Association of Journalists, Globe International
Start date: 30 June 2016
End date: 30 June 2018
This commitment aims to improve public participation in Mongolia and to ensure the effectiveness of various civic engagement legislation, namely the Law on Development Policies and Planning, the Law on Public Hearing, the General Law on Governance, and the Law on Legislations. More specifically, the commitment calls for 1) training and advocacy on how to provide feedback in the decision-making processes, 2) presenting decisions to the public in a transparent and accessible manner with sufficient time for feedback, and 3) evaluating the level of public engagement in the decisions by government. The commitment builds on Commitment 18.104.22.168 from the previous action plan, which called for introducing channels of communication between citizens and the government.
Presenting decisions of public interest to the public in an accessible manner makes the commitment relevant to the OGP value of access to information, while the trainings for the public on how to provide feedback makes the commitment relevant to the OGP value of civic participation. The commitment’s milestones do not offer greater details on how the trainings will take place, which channels will be used to present the public with government decisions, or how the evaluation of the level of public engagement will be conducted. Therefore, the specificity is marked as low. While the goal of improving opportunities for the public to engage in decision-making processes is laudable, the vaguely worded activities of this commitment make its potential impact minor.
Between June and September 2017, the parliament held country-wide consultations to discuss draft amendments to the Mongolian Constitution, including an option for online participation.[Note57: 'Discussion on Draft Amendment to Constitution to Begin Nationwide,' Montsame, 6 June 2017, http://montsame.mn/en/read/10364.%5D However, it is unclear if these consultations are the results of this commitment. The IRM inquired with the Cabinet Secretariat to provide greater detail on the methods and effectiveness of the trainings and advocacy for public engagement in decision-making processes, but did not receive clarification. For more information, see Section IV: Methodology and Sources.
Due to the lack of additional information and the vague wording of the milestones, the commitment is considered to have not started at the end of the first year of the action plan.
If this commitment is carried forward to future action plans, the IRM recommends going beyond the current focus on training and include broader steps to ensure the implementation of the recently passed laws. Notably, future commitments could include the establishment of mechanisms to allow the public to offer feedback on decisions, along with accountability mechanisms for when the government fails to present decisions to the public before they are finalized. If the trainings on how to provide feedback in the decision-making processes are carried forward, they should specify who will be trained and how the trainings will improve the implementation of the recently passed laws.
Mobile Application for Citizens Feedback and Requests
MN0022, 2016, E-Government
Improve Provision and Quality of Education and Health Services
MN0023, 2016, E-Government
Civic Engagement in Decision Making
MN0024, 2016, Legislation & Regulation
Transparent Funding of Political Parties
MN0025, 2016, Anti-Corruption Institutions
Create Favourable Environment for Media and Journalism
MN0026, 2016, Civic Space
National Action Plan for Combating Corruption
MN0027, 2016, Anti-Corruption Institutions
Transparency of Loans and Aid from Foreign Countries
MN0028, 2016, Aid
Online Registration of VAT
MN0029, 2016, Capacity Building
Improve Glass Account System
MN0030, 2016, Anti-Corruption Institutions
Make Government Procurement Process Transparent
MN0031, 2016, Anti-Corruption Institutions
Transparency of Contracts of Public Resource Exploiting
MN0032, 2016, Anti-Corruption Institutions
Information Transparency of the Owners of the Entities with Rights to Use Mineral Resources
MN0033, 2016, Anti-Corruption Institutions
Make Licenses, Information and Activities of the Companies Transparent and Effective by Government
MN0034, 2016, Anti-Corruption Institutions
Monitor and Ensure Implementation of Information Transparency and Information Access Right Act by Establishing National Information Transparency Committee and Creating Structure of Information Commissary.
MN0001, 2014, Legislation & Regulation
Modernize Performance Indicators of Information Transparency of Public Organizations Into ―”Citizen Targeted” Ones.
MN0002, 2014, Capacity Building
Launch ―Transparent Account Systemǁ in Order to Enable Consistent, Transparent Reporting to the Public and to Provide Comprehensive Information on Budget Revenue Collection, Income and Expenditure Details, as Well as Public Procurement and Investments.
MN0003, 2014, Fiscal Transparency
Develop Central Information Database of Minerals, Oil, and Land Tenure License Owners, Open to the Public.
MN0004, 2014, E-Government
Ensure Transparency All Agreements on Investment, Stability and Production- Sharing of Public-Owned Resources Such as Water, Minerals, Oil and Land.
MN0005, 2014, Extractive Industries
Publish List of Mandatory Public Information on Environment Such as Information Regarding Any Action Harmful to Natural Environment and People’S Health.
MN0006, 2014, Environment and Climate
Disclose Information to the Public Relating to Foreign Loan Assistance Projects and Programs, Including the Total Amounts, Terms, Payback Duration and General Provisions Related to the Loan Rate, Board Members, and Implementation Bodies. Information About the Terms of Implementation of the Projects as Well as General Conditions of Contracts Between Suppliers and Buyers Shall Be Disclosed as Well.
MN0007, 2014, Aid
Disclose Budget Funded Procurement Contracts Above 80.0 Million MNT
MN0008, 2014, Open Contracting and Procurement
Ensure Civic Engagement in Planning and Developing Public Services at Central and Local Levels by Introducing Communication Channels Such as Organizing e-Conferences, Public Hearings, and Open Meetings.
MN0009, 2014, Public Participation
Launch “Smart Government” Program, for Delivering e-Public Services to the People Regardless of Distance and Location Through the Public Service Portal.
MN0010, 2014, E-Government
Create a Single Access Public Service for Citizens Without Requiring Supplementary State Registered Data, Based on Principles of “One Citizen-One Public Servant”.
MN0011, 2014, Public Service Delivery
Improve and Develop Smart e-Service Capability for “One Window-Public Service” and Introduce It as a Standard Unit of Public Service.
MN0012, 2014, E-Government
Increase Number of “Public Service Online Machines” at Local Levels for Delivering Public Services to Individuals in Remote Areas, as Well as Increase the Content of Its Data.
MN0013, 2014, E-Government
Report Public Feedback on Government Performance Received from the Government’S “11-11” Center. Government Shall Also Establish a Data System That Responds to and Tracks Petitions and Enquiries.
MN0014, 2014, Public Participation
Develop and Publish E-Mapping of Crime Occurrence.
MN0015, 2014, E-Government
Create a United Information Database on Law Enforcement Activities, Crimes and Violation Records, and Ensure That the Database Is Accessible to Relevant Bodies.
MN0016, 2014, E-Government
Introduce a System of Random Disclosure to the Public of Asset and Financial Statements of Any Public Servants.
MN0017, 2014, Asset Disclosure
Publish the Asset and Financial Statements of Officials Who Work in Organizations with a High Likelihood of Corruption Index on Websites and Ensure Citizen Monitoring.
MN0018, 2014, Asset Disclosure
Create Regulation That Repeals Decisions Made Without Due Participation of Citizens and Contradict Public Interests, as Well as Hold the Officials at Fault Accountable.
MN0019, 2014, Legislation & Regulation
Deliver the Draft Laws, Acts, Amendments and Administrative Rules to Public Attention in Due Time. in Particular, Create an Opportunity for People to Access Such Information from “Public Service Online Machines”, Citizens Chambers, and the Public Libraries at Each Provincial Level.
MN0020, 2014, Capacity Building
Strengthen the Capacity of Citizens by Implementing Certain Projects to Enhance Legal Knowledge of Target Groups Using Simple Language.
MN0021, 2014, Capacity Building