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Mongolia

Civic Engagement in Decision Making (MN0024)

Overview

At-a-Glance

Action Plan: Mongolia Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

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 Areas

Legislation & Regulation, Lobbying, Public Participation

IRM Review

IRM Report: Mongolia Mid-Term Report 2016-2018

Starred: No

Early Results: Pending IRM Review

Design i

Verifiable: No

Relevant to OGP Values: Access to Information Civic Participation

Potential Impact:

Implementation i

Completion:

Description

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

3. Civic engagement in decision-making

Commitment Text:

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.

Main Objective:

Ensure public engagement and transparency in the decision-making processes of government organizations, which in turn has a positive impact on the public interest.

Milestones:

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

Context and Objectives

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 3.3.2.1 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.

Completion

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.

Next Steps

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.


Mongolia's Commitments

  1. Mobile Application for Citizens Feedback and Requests

    MN0022, 2016, E-Government

  2. Starred commitment Improve Provision and Quality of Education and Health Services

    MN0023, 2016, E-Government

  3. Civic Engagement in Decision Making

    MN0024, 2016, Legislation & Regulation

  4. Transparent Funding of Political Parties

    MN0025, 2016, Anti-Corruption Institutions

  5. Create Favourable Environment for Media and Journalism

    MN0026, 2016, Civic Space

  6. National Action Plan for Combating Corruption

    MN0027, 2016, Anti-Corruption Institutions

  7. Transparency of Loans and Aid from Foreign Countries

    MN0028, 2016, Aid

  8. Online Registration of VAT

    MN0029, 2016, Capacity Building

  9. Improve Glass Account System

    MN0030, 2016, Anti-Corruption Institutions

  10. Make Government Procurement Process Transparent

    MN0031, 2016, Anti-Corruption Institutions

  11. Transparency of Contracts of Public Resource Exploiting

    MN0032, 2016, Anti-Corruption Institutions

  12. Information Transparency of the Owners of the Entities with Rights to Use Mineral Resources

    MN0033, 2016, Anti-Corruption Institutions

  13. Make Licenses, Information and Activities of the Companies Transparent and Effective by Government

    MN0034, 2016, Anti-Corruption Institutions

  14. 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

  15. Modernize Performance Indicators of Information Transparency of Public Organizations Into ―”Citizen Targeted” Ones.

    MN0002, 2014, Capacity Building

  16. Starred commitment 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

  17. Develop Central Information Database of Minerals, Oil, and Land Tenure License Owners, Open to the Public.

    MN0004, 2014, E-Government

  18. 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

  19. Starred commitment 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

  20. 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

  21. Disclose Budget Funded Procurement Contracts Above 80.0 Million MNT

    MN0008, 2014, Open Contracting and Procurement

  22. 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

  23. 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

  24. 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

  25. 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

  26. 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

  27. 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

  28. Develop and Publish E-Mapping of Crime Occurrence.

    MN0015, 2014, E-Government

  29. 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

  30. Introduce a System of Random Disclosure to the Public of Asset and Financial Statements of Any Public Servants.

    MN0017, 2014, Asset Disclosure

  31. 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

  32. 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

  33. 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

  34. Strengthen the Capacity of Citizens by Implementing Certain Projects to Enhance Legal Knowledge of Target Groups Using Simple Language.

    MN0021, 2014, Capacity Building