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and operations, or demand elections for council members as mandated by the law (see annex 4, Finding EDU). The National Center Against Violence also had to confront social norms and taboos to give voice to the victims of domestic violence. In 1994 when several leading women’s NGOs decided to join forces to address this issue, the term “domestic violence” did not exist in Mongolian society, let alone in its legal code. NCAV struggled to educate the public. Its efforts resulted in government funding for NCAV shelters for victims in 2001 and legislation against domestic violence in 2004. By giving voice to the victims of domestic violence, this NCAV played a crucial role in delivering a public service and generating legal reform (see annex 1, Finding NCAV 3). The ability of Mongolians to exercise Voice and achieve accountability is restricted by the Mongolian legal code on defamation which exerts a chilling effect upon media (Finding 3.2.2). Mongolia has both civil and criminal defamation laws. The civil code stipulates payment of damages for defamation in several circumstances. This is problematic for a number of reasons, such as insufficient defenses against these charges and the high level of damages that may be awarded. 37 The criminal code, however, lends itself to more egregious problems (see annex 5, Finding MEDIA 7). It includes a provision for imprisonment for up to five years and special provisions for defamation against public officials (see box 3.2.1). The two main offences are deliberate propagation of false allegations and willful humiliation. The defendant has no basis for defense against these charges and in the latter case, the law does not require that the allegations be false, Box 3.2.1 Imprisonment for Defamation At least two journalists have been imprisoned in Mongolia for defamation in recent years. One of the cases concerned an allegation of serious wrongdoing by an MP who was accused of using his influence to secure a lighter sentence in a criminal case involving his illegitimate daughter. This second case was based on an article in the newspaper, Mongoliin Neg Udur (One Day in Mongolia) in 2004. After the allegations were found to be false and defamatory, the journalist was sentenced to three months’ imprisonment and forced to pay a fine. The penal sentence was lifted on appeal, but only after she had spent 23 days in prison. Although the case involved serious and unwarranted mistakes by the journalist, proponents of media freedom both in Mongolia and internationally argue that it is inappropriate to address such mistakes through criminal law, and excessive to imprison journalists for defamation. The defense lawyer noted that the journalist wrote the article not to harm the MP but to expose public wrongdoing by a public official. Such cases are inevitably detrimental to the media’s freedom of expression. Journalists raised the issue of criminal defamation in numerous interviews and with CSOs, who identified legal threats such as defamation as the second most serious threat to media reporting, after political pressure (see annex 6, Question EE). Consequently, the guarantee of freedom of expression in Mongolia remains constrained. Survey responses indicate the inability of CSOs to voice their views on areas related to their organization’s work, with only 27 percent indicating that they have sufficient opportunities to present their views (annex 6, Question MM). Nevertheless, CSOs and the media have developed an impressive array of mechanisms for Voice since the transition from authoritarian rule. 37 Article 7 of the Civil Code provides for damages, for actual harm to name or dignity when the defendant cannot prove the truth of the allegations. Article 377 provides for damages for defamation for harm to name, dignity, or reputation when the defendant fails to prove he or she acted without fault. Article 392 provides for damages for defamation for nonmaterial harm to name, dignity, or reputation when the defendant cannot prove his or her allegations were true. 21
3.2.2 Mechanisms for Voice As illustrated above, CSOs have been closely involved in providing mechanisms for Voice both for themselves and for ordinary citizens. Respondents to the CSO Survey indicated that their organizations have used an array of means to voice their opinions and to disseminate information (see figure 3.2.2). Figure 3.2.2 CSO Methods of Disseminating Information (percent) 100% 80% 60% 40% 20% 58% 65% 26% 54% 39% 28% 47% 42% 71% 14% 0% Produced Radio/TV Program Produced Serial Publication Maintained Website Disseminated Info via Email Given Media Interviews Source: CSO Survey (Annex 6, Question JJ). Several CSO respondents disseminate information via e-mail or maintain a Web site. Their numbers indicate the growing importance of IT in Mongolia (InfoCo., Ltd. 2003:15). In the CSO Survey, more than 95 percent of respondents said that they have computers, most have more than one, with the overwhelming majority (80 percent) also having access to the Internet. It should be noted, however, that these results are skewed as the overwhelming majority of respondents were registered NGOs with greater access to IT-related resources (annex 6, Question R). In addition to the Gateway Web site that provides subportals for stakeholders to discuss pressing issues such as sustainable development and poverty reduction, several other CSOs maintain impressive Web sites that both voice their views and provide a forum for others to do so. The Open Society Forum in particular has an impressive Web site filled with contributions by various other organizations and individuals on a range of social, political, and economic issues. Although the Internet is a critical tool for Voice as well as for Information and Negotiation, other more traditional mechanisms for Voice remain relevant to reaching the broader Mongolian public, which has limited access to computers and the Internet. Most CSOs rely on a combination of both methods to voice their opinions and disseminate information. The social movement Healthy Society, for example, has used the Internet not only to mobilize support both within and outside of the country, but also to voice its critiques and demands of the government and specific officials. It has also staged mass demonstrations to call attention to political corruption among senior officials. Its efforts have met with various political and legal obstacles, including difficulties obtaining the required authorization from city officials to hold a demonstration. According to the leadership of the movement, when they decided to hold their first demonstration in February 2005 in front of the Government House in Sukhbaatar Square, the administration “trumped up” an agricultural trade fair as a pretext to disallow the rally. In the end both events took place in relative calm. Both the NCAV and the Ongi River Movement (ORM) also employ remarkably diverse approaches to inform both officials and the general public. These range from more traditional forms, such as press
Page 2 and 3: Report No. 32584-MN The Enabling En
Page 4 and 5: Table of Contents Acronyms ........
Page 6 and 7: Boxes: Box 2.1.1 Proposed Changes t
Page 8 and 9: Preface This study on “The Enabli
Page 10 and 11: of civic engagement, namely, the ab
Page 12 and 13: Part I. Introduction 1.1 DEFINITION
Page 14 and 15: further and recognizes other types
Page 16 and 17: as resources. 13 The quantitative c
Page 18 and 19: parliamentary elections demonstrate
Page 20 and 21: As figure 2.1.2 clearly illustrates
Page 22 and 23: The Constitution also guarantees th
Page 24 and 25: ise of mass pro-democracy movements
Page 26 and 27: preferences of funders. This has le
Page 28 and 29: Recommendations: 1) The Ministry of
Page 30 and 31: PART III - Assessment of the Enabli
Page 34 and 35: conferences and workshops, to more
Page 36 and 37: Capacity Building Program,” indep
Page 38 and 39: Efforts to transform the state broa
Page 40 and 41: 2) Given the culture and norms that
Page 42 and 43: Figure 3.3.1 Frequency of CSO Reque
Page 44 and 45: Box 3.3.1 Women for Social Progress
Page 46 and 47: These bureaucratic delays highlight
Page 48 and 49: Other ways for CSOs to generate alt
Page 50 and 51: development initiatives become more
Page 52 and 53: Box 3.4.1 The Community Scorecard:
Page 54 and 55: Negotiation also ensures that legis
Page 56 and 57: Although the Environmental Impact A
Page 58 and 59: Part IV—Conclusion This study on
Page 60 and 61: 4.2 SUMMARY OF FINDINGS AND RECOMME
Page 72 and 73: Currently, the NCAV works in six se
Page 74 and 75: Mongolian Federation of Senior Citi
Page 76 and 77: are reluctant to assume full respon
Page 78 and 79: FINDINGS AND RECOMMENDATIONS: NATIO
Page 80 and 81: WSP-UV’s coordinator remains in c
Page 82 and 83:
program officer, the methodology us
Page 84 and 85:
critical role in promoting social a
Page 86 and 87:
Annex 3: Social Accountability and
Page 88 and 89:
khural chairs who served on the ORM
Page 90 and 91:
is inadequate. Part of the problem
Page 92 and 93:
plans, but there was no follow-up a
Page 94 and 95:
Recommendation: Effective CSO colla
Page 96 and 97:
wide mandate to manage and monitor
Page 98 and 99:
Ulaanbaatar, asking them to identif
Page 100 and 101:
Moreover, after a World Bank Superv
Page 102 and 103:
Annex 5. Mongolian Media: Overview
Page 104 and 105:
they would be unlikely to do so. CR
Page 106 and 107:
discussion below), the director of
Page 108 and 109:
Social and cultural considerations
Page 110 and 111:
Findings and Recommendations: Mongo
Page 112 and 113:
Annex 6. Survey of Civil Society Or
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How frequently has your organizatio
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Computer 95% up to 40 computers, 21
Page 118 and 119:
No response 1% BB1. If you have req
Page 120 and 121:
KK. Over the last year, how frequen
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C. What are the most important soci
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L. How much influence do citizens h
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U. Are most civil society organizat
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Annex 8. Stakeholders’ Map CSO NA
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CSO NAME Gandan Monastery Gandantse
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CSO NAME Liberal Women’s Brain Po
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CSO NAME Mongolian Information Netw
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CSO NAME Ongi River Movement (ORM)
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CSO NAME Press Institute Red Cross
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CSO NAME Women For Social Progress,
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AFFILIATION State Great Khural (Par
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AFFILIATION Mineral Resource and Pe
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AFFILIATION National Legal Center (
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AFFILIATION Mongolian Radio and TV
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AFFILIATION UNDP UNICEF CONTACT ANN
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AFFILIATION Mercy Corps CONTACT ANN
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Bibliography Ackerman, John M. 2004
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Finch, Christopher. 2002. “Mongol
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---. 2004. Rural Government Procure
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National University of Mongolia. 20
Page 162 and 163:
UNDP. 2001. A Strategy for Poverty
Page 164:
Zorig Foundation. 2004. “Monitori
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