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REGULATION OF CONFLICT OF INTEREST IN MONGOLIA

REGULATION OF CONFLICT OF INTEREST IN MONGOLIA. Presented on behalf of Women for Social Progress by D. Sukhgerel, Project Team Member. REGULATION OF CONFLICT OF IN MONGOLIA. Operating Environment: USAID Assessment of Corruption in Mongolia

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REGULATION OF CONFLICT OF INTEREST IN MONGOLIA

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  1. REGULATION OF CONFLICT OF INTEREST IN MONGOLIA Presented on behalf of Women for Social Progress by D. Sukhgerel, Project Team Member

  2. REGULATION OF CONFLICT OF IN MONGOLIA Operating Environment: USAID Assessment of Corruption in Mongolia • A profound blurring of the lines between the public and private sector brought about by endemic and systemic conflict of interest (COI) at nearly all levels; • A lack of transparency and access to information that surrounds many government functions and undermines nearly all aspects of accountability by contributing to an ineffective media and hindering citizen participation in policy discussions and government oversight; • An inadequate civil service system that gives rise to a highly politicized public administration and the existence of a “spoils system”;

  3. USAID Assessment of Corruption in Mongolia continued… • Limited political will and leadership to actually implement required reforms in accordance with the law, complicated by conflictive and overlapping laws that further inhibit effective policy implementation; and • Weak government control institutions, including the Central Bank, National Audit Office, Parliamentary standing committees, Prosecutor General, State Professional Inspection Agency, State Property Committee, and departments within the Ministry of Finance. USAID Assessment of Corruption in Mongolia, 2005

  4. REGULATION OF CONFLICT OF INTEREST IN MONGOLIA Objectives: Through introduction of Conflict of Interest toolkit influence law and decision makers to initiate regulations and/or law on Conflict of Interest aiming to improve: • Transparency and accountability of the government, prevention of corruption • Effective citizen oversight, as well as intra-governmental checks and balances. • Public awareness of ethics including COI • Capacity of NGO’s to contribute and influence positive changes in management of COI through active monitoring and discussion;

  5. REGULATION OF CONFLICT OF INTEREST IN MONGOLIA Scope of Activities: • Research legal framework for COI provisions, develop Mongolia section for COI Toolkit • Research on COI cases; • Develop and distribute a handbook or toolkit on COI, including all COI regulations and laws and related international documents, standards on COI, glossaries, and so forth; • Public awareness interventions through 1) press conference, round-tables and TV discussions, 2) radio, TV and print media campaigns, 3) dissemination of posters and leaflets to trigger public watchdog interest and initiatives

  6. REGULATION OF CONFLICT OF INTEREST IN MONGOLIA Research of Legal Framework: • Reviewed 345 legal acts including such regulatory documents as ethics codes, political party charters for provisions aimed managing COI • Analyzed findings for adequacy, efficiency and coherence • Researched COI cases

  7. REGULATION OF CONFLICT OF INTEREST IN MONGOLIA Conflict of Interest Manual • Translation of the OECD “Managing Conflict of Interest: A Toolkit” • Adapting to and adding Mongolia context • Publication and dissemination, negotiation on future training and legal framework activities

  8. REGULATION OF CONFLICT OF INTEREST IN MONGOLIA • Interviews (printed and aired) and discussions around abuse of power, COI of high level public officials continue from 11/06 until now as result of Speaker’s unconstitutional law editing case. • 3000 posters, several TV and FM radio messages on COI produced and disseminated • Press conference, round-table and TV discussions

  9. REGULATION OF CONFLICT OF INTEREST IN MONGOLIA Expected outcomes of the project: • Research of existing legal provisions confirmed assumption that there is no framework for sufficient COI management, political will nor culture to support COI management. Case research confirmed commonality of COI cases in Mongolia • Production and dissemination of 500 copies of COI Toolkit - triggered expected interest in cooperation, especially receiving training in COI management and drafting of a COI law • TV and printed media discussions, interviews and public awareness ads have resulted in greater public interest in issues such as abuse of power, non-transparent actions of government, civic action against government’s ill decisions

  10. REGULATION OF CONFLICT OF INTEREST IN MONGOLIA Unexpected Results • Revealed law edits made by the Speaker after parliament approval to: Anticorruption Law, Minerals Law, package of tax laws, Election Law and other; • COI Team: D. Lamjav and R. Burmaa appeal to the Constitutional Court • After 8 months of debates and public pressure resulted in CC determination of unconstitutional act by the Speaker justifying his resignation • Broad civil society involvement and civic action– CSOs active in minerals, tax and corporate sector, civil and political rights, etc.

  11. REGULATION OF CONFLICT OF INTEREST IN MONGOLIA Impact: High Public Awareness and Discussion • Historical precedent of civil society forcing down a top level public authority • Historical precedent of civil society uniting to force government to postpone signing of a major mining stability agreement • High visibility of public discussion and CSO cooperation around legality, constitutionality of acts of high level public officers • Realization of CSOs of their power and competence, of the impact of common efforts

  12. Sustainability, future plans and assistance needs:  • Civil society pressure on government to improve legal framework (Minerals Law, tax package and Election Law), which took a life of its own will continue in the future in many directions • WSP – plans to work on COI areas of the Election Law, public discussions and training in COI management and drafting of a new law. • Technical assistance in drafting new legislation or improving existing provisions will be requested

  13. REGULATION OF CONFLICT OF INTEREST IN MONGOLIA Project lessons learned: • Contingency planning for unexpected outcome and impact • Need for better coordination and support from partners, especially PTF/ADB in making cooperation with government more efficient • Need for more resources for work on public awareness and coordination with CSOs. 

  14. WOMEN FOR SOCIAL PROGRESS National History Museum North Entrance, Room 1 Juulchin Street-1 Chingeltei District Ulaanbaatar, Mongolia Mail address: Ulaanbaatar 11, POB-20A Tel/Fax: 976-11-322340 E-mail: wsp@magicnet.mn burmaaradnaa@yahoo.com sukh_gerel@yahoo.com

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