Support to Participatory Legislative Process

Summary


The project aims to assist the Parliament of Mongolia in improving legislating drafting processes.

The project is part of UNDP’s CPAP for 2012-2016 in the area of democratic governance. The project aims to assist the Parliament of Mongolia in improving legislating drafting processes through supporting ex-ante policy analysis and stakeholder open dialogue; in increased access of citizens to their elected representatives, and the review and implementation of the United Nations Convention against Corruption and ethics and conflict of interest policies and legislation.

Ensuring the constitutionality of the proposed legislation; assessment of its financial and administrative consequences for the public sector and the business community and its environmental consequences; the clarity of the texts themselves are important aspects of law quality concerns.  The Government’s initiative to develop a new law on law-making is an important step in addressing these deficiencies.

Goals:

The project had 3 main outputs:

  • Comprehensive study on two decades of institutional developments and constitution implementation in Mongolia;
  • Consultative policy support for state structuring and improved legislative drafting
  • Improved relationship between the citizens and parliament

Results and Achievements




Output 1: Comprehensive study on two decades of institutional developments and constitution implementation in Mongolia.

The role of the Constitution of Mongolia in consolidating democracy: analysis” the first assessment on this topic since enactment of the 1992 Constitution, was conducted b y the team of international and local experts with the project support. It focused on certain topics such as Constitution implementation, analysis of the process of drafting the Constitution, statestructure and power relations, oversight institutions, human rights and state of emergency, as well as the procedures for constitutional amendments. 

  • The study, during its progress and final results was presented several times to the State Great Hural’s Working group in charge of examining the need for constitutional amendments; the Working group indicated that it would base some of its conclusions and proposals on recommendations. The study has been published and distributed among relevant policy makers, academia and CSOs in Mongolian and English language.

Output 2: Consultative policy support for state structuring and improved legislative drafting

Support the development of procedures for legislative drafting.

  • Supported the development and consultation process of the drafting the Law on Legislation, which was adopted by the Parliament in May, 2015. Since 2013, the project has provided the technical assistance, national consultant to MoJ and Parliament Standing Committee working group, developed the first draft of the Law on legislation and submitted to the MoJ working group, provided policy research on public consultation on legislative drafting, comparative research on legislative drafting rules and standards and the Impact assessment on the draft law.The project also supported series of public consultation on draft Law on Legislation among government officers in charge on legislative drafting, CSOs, professionals and practicing lawyers. The SPLP will continue support the capacity building for implementing the law through awareness raising, trainings , workshops and developing guidelines.
  • Legislative register and documentation system is being installed at the Parliament Secretariat to systemize the record of legislative drafts and to make records accessible to the public. The system is a comprehensive archive of legislative drafts providing details of law initiator, comments and feedback during debates at Parliamentary Standing Committees and plenary sessions, and record of views of relevant bodies, and will prevent form inconsistent and ad hoc changes.

Assist the Standing Committee on State Structure and the Legal Standing Committee with ex-ante policy analysis and research.

The project supported the development of Law on Election, and Law  on Political Parties and Political Finance by providing relevant studies, and the consultation process of the Law on Public Hearing and the Law on the State Inspection.

Outcome 3: Improved relationship between citizens and their elected representatives

Capacity strengthening of the Petitions Standing Committee. The committee is the newest standing committee in the Parliament of Mongolia, established in 2012. Within this activity:

  • A Complaints and Petitions Case management system is being installed and made the complaints handling by the committee more effective and efficient. The system also has external access by the public to submit and track their complaints and petitions submitted to the committee. MPs and staff of the Petitions Committee visited its counterparts in the National Assembly of the Republic of Korea and German Bundestag, studied their proceedings related to legislative review and oversight, complaints management mechanisms and public hearing practices.
  • Public awareness activities were undertaken such as disseminating leaflets, TV broadcasting on the role of Petitions Committee and how public could engage with parliament through petitions. 

Outreach of the Parliament and its constituencies.

Video Conference system, connecting 21 aimags Civic halls and 5 halls in the Parliament building has been installed in order to contribute more dynamic interaction between elected representatives and their voters by providing online, cost effective alternative forms of engaging public in legislative and oversight process. The system is regulated by the Rules co-adopted by the Chief of Staff of the President’s office, the Head of he Cabinet Secretariat, the General Secretary of the Parliamentary Secretariat, and the Head of the General Intelligence Agency. The system is expected to expand to the Government Cabinet meeting halls, The Citizen hall at the Presidential office. A number of discussions led by MPs have been held since its installment in January 2015.

Support to implementation of the Law on Information Transparency and Right to Information

The study on the implementation of selected provisions of the Law on Information Transparency and Right to Information (2011) has been conducted and presented its outcome to the Consultative meeting among government bodies and CSO supported by the project.

Output 4: Improved UNCAC implementation

Support to the UNCAC review and its implementation

A forum on the draft national anti-corruption strategy was organized by the Anti-Corruption Authority and NGOs with the project support. Inputs of the governmental and non-governmental organizations, academic institutions were reflected in the draft and was sent to UNODC regional center. International consultant from the UNODC was invited to Mongolia and worked with the Working group.

In preparation for the UNCAC self-assessment, two studies on the status of implementation of the Chapter II and IV were conducted and shared suggestions and recommendations of the reports with MPs, relevant governmental bodies and NGOs.

Funding and Delivery

Year UNDP Swiss Agency for Development and Cooperation
2013 $81,861 -
2014 $187,395 $275,441
2015-2016 $455,303 -
Overview
Status:
Active
Project start date:
13 March 2013
Project end date:
31 December 2016
Geographic coverage:
Mostly Ulaanbaatar;
Focus area:
Democratic governance
MDG:
Mongolia specific MDG9: Human Rights and Democratic Governance
Implementing partner:
Parliament of Mongolia
Donors:
Swiss Agency for Development and Cooperation (SDC)
Total budget:
US$1.000.000
UNDP Focal point:
Ms. Davaadulam Tsegmed, Governance Team Leader
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