ACCESS TOINFORMATION INMONGOLIAApril 29, 2013Jakarta, Indonesia1Presentation by civil society organizations of Mongolia atthe “STRIPE” project meeting
Background of Mongolia05/03/132 Population 2,7 mln GDP growth-17% Air pollution of Ulaanbaatar 279Mgr/m3 #1by WHO report (www.businessnews.mn)
Legalization for access toinformation05/03/133 May 14, 2010 Resolution No 143 on transparency indicators ofthe public institutions obliging to make informationon the activities, finance and budget, procurementand human resources open to the public June 16, 2011 Law on Information Transparency and Right toInformation (joint effort of civil society of Mongolialed by Globe International since 2002)
Uses of FOI law by public toaccess environmental information05/03/134Case 1. Mongolian Nature Protection Civil MovementCoalition8 inco m ple te re spo nd to 27 re q ue sts fo r info rm atio n unde r the3 ye ars’ strate g ic litig atio n fo r lo calre side nts ag ainstPe tro China Dachin Tam sag o ile xplo ratio n/e xplo itatio nco m pany avo ide d to pro vide e xact info rm atio n o n Pro ductio nSharing Co ntract & its re late d info rm atio n18 responds to 401 request letters, 4 press conferences toreport the MPs’ votes for environmental laws openly and put iton the parliamentary websites from MPs, & related officials(2009-2013) were received but the parliament started to putthe voting results with the list of MPs openly on its website.However, a legalization is needed to secure its continuousimplementation.
Uses of FOI law by public toaccess environmental information05/03/135Case 2. Mongolian Human Rights and Development NGOO btaine d a g e o g raphicalcadastre m ap o f Darig ang anatio nalpro te cte d are a afte r 6tim e s m e e ting s and clarifyingthere aso ns. This are a be cam e anatio nalpro te cte d are a since1 9 9 3, ho we ve r e xplo ratio nandm ining lice nse s we re pro vide din
Uses of FOI law by public toaccess environmental information05/03/136Case 3. Voice of KhongorNGOCre ate d a MULTILATERALCO UNSEL, am e chanism toe xchang e info rm atio n anddiscussio n and co o pe rateam o ng the co m m unity m e m be rs, m iningco m panie s and lo calg o ve rnm e nt to pre ve nt co nflictsand m isunde rstanding s. By q uarte rly m e e ting , thisco unse l cre ate s a co nfide nce in its m e m be rs andbe co m e s a g re at to o lfo r transpare ncy o finfo rm atio n
Uses of FOI law by public toaccess environmental information05/03/137Case 4. United Movement of Mongolian Rivers andLakes“Not allowed to release state/organizational secret” was theanswer to the request for environmentalimpact assessment reports of Gutai gold mines of “Aivuuntes” and“U & B” Co.Ltd operating in Khentii province on March 2, 2012
Uses of FOI law by public toaccess environmental information05/03/138Case 5. Transparency FoundationNorespondto the re q ue st o f budg e t, de taile dspe nding re po rts fo r 2 0 1 1 and 20 1 2 o f StateSpe cialFunds including the Fund fo r Pro te ctingthe Nature unde r the g o ve rnance o f Mo E.
Challenges to the proactive releaseof information05/03/1310 Currently available information is too general and mostof it is almost useless. Public needs specific facts anddetailed information such as financial reports, lists oflicenses, impact assessment reports, restoration plansetc., Government is reactive (very limited reaction) to FOIrequests rather than being proactive Lack/needs for intermediary dispute resolvingmechanism
Advocacy strategies to improve access andobstacles to moving forward05/03/1311 Civil society needs to introduce thegovernment the types of information (plus ajoint concept of CS on this need) they need Capacity building of government informationrelease mechanism Create a dispute solution mechanism
Improvements needed05/03/1312 Improve the legal environment for transparency of environmental information by: Improving the public awareness on currently effective laws & regulations through websitesand environmental database http://geodata.mne-ngic.mn/ ; improve this database by addingthe lists of mining companies by geographical locations, impact assessment reports,rehabilitation/restoration plans Improving the related laws and regulations to distinguish the extent of transparency ofinformation: All types of socio-economic and environmental impact assessment reports needto be transparent for public Conducting trainings and advocacies for public awareness and knowledge on environmentand human rights Developing regulations containing detailed procedures for release of information,accountability, roles of participants, their responsibilities, Start with standardizing the limitations of transparency of information Improving the mechanism for raising public awareness on the contents, consequences ofany proposed decision before its enforcement Supporting the citizens’ initiatives of ensuring the transparency of information and legalize