Mongolia
Name of law: The Law of Mongolia on Information Transparency and Right to Information
First adopted: 2011
Last modified: n/a
RTI Rating last updated: 2019-08
First adopted: 2011
Last modified: n/a
RTI Rating last updated: 2019-08
Introduction
The biggest problem with Mongolia's right to information law is its regime of exception, which is overly broad, not harm tested and lacks a proper public interest override. This is a shame, since the law's broad scope, strong procedural safeguards and robust appeals mechanism could otherwise make for a highly effective legal framework. The law also suffers from having weak promotional measures.| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 5 | 6 |
| 2 | Scope | 25 | 30 |
| 3 | Requesting Procedures | 18 | 30 |
| 4 | Exceptions & Refusal | 7 | 30 |
| 5 | Appeals | 25 | 30 |
| 6 | Sanctions & Protections | 3 | 8 |
| 7 | Promotional Measures | 4 | 16 |
| ∑ = 87 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | Constitution Art 16.17 The citizens of Mongolia are enjoying the following rights and freedoms: The right to seek and receive information except that which the state and its bodies are legally bound to protect as secret. In order to protect human rights, dignity, and reputation of persons and to ensure national defense, security, and public order, the information which is not subject to disclosure must be classified and protected by law. | Link to translation 1 and translation 2. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 5.1.3: All information other than those classified as "confidential" according to the laws shall be open to the public; 11.1. Citizens and legal entities shall be entitled to receive the following information except the information prohibited by law to publicly disclose for the purpose of ensuring human rights, freedom, national security, and organization’s lawful interest from the organization specified in article 3.1 of this law: 11.1.1. all types of information, documents, agreements and contracts in possession of the organization; | Not as clear as it could be. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | 5.1: The following principles shall be adhered to in the activity of ensuring information transparency and the right to information: 5.1.1. Rule of law; 5.1.2. Respect for the citizen's and legal entities lawful interests; 5.1.3 All information other than those classified as "confidential" according to the laws shall be open to the public; 5.1.4. Independence; 5.1.5 The activity of providing public with information shall be prompt. | Somehow gives rules on interpretation, although somewhat weak. No reference to benefits. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | Partially | 1 | 11.1. Citizens and legal entities shall be entitled to receive the following information except the information prohibited by law to publicly disclose for the purpose of ensuring human rights, freedom, national security, and organization’s lawful interest from the organization specified in the article 3.1 of this Law; 11.1.1.All types of information, documents, agreements and contracts in possession of the organization; 11.1.2. Information related to the property in possession of the organization; and 11.1.3. Any other information related to the activities of the organization. 4.1.1. “citizen” means a citizen of Mongolia, foreign citizen lawfully residing in Mongolia, or stateless person lawfully residing in Mongolia; | 11.1 allows legal persons, but the Art 4 definition of "citizens" is limited to citizens and residents. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 11.1: A citizen and a legal entity shall be entitled to receive the following information not related to the human rights and freedoms, national security, and lawful interests of organizations prohibited to be released to the public under the laws from the state bodies listed in the section 3.1 of the present law: 11.1.1. All information and documents, and information pertaining to the organization's contracts and agreements in possession of the organization; 11.1.2. All information pertaining to the goods and items in possession of the organization; 11.1.3. Any other information pertaining to the functioning of the organization. | 11.1 is quite broad in covering all docuents in possession |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 11.1: A citizen and a legal entity shall be entitled to receive the following information not related to the human rights and freedoms, national security, and lawful interests of organizations prohibited to be released to the public under the laws from the state bodies listed in the section 3.1 of the present law: 11.1.1. All information and documents, and information pertaining to the organization's contracts and agreements in possession of the organization; 11.1.2. All information pertaining to the goods and items in possession of the organization; 11.1.3. Any other information pertaining to the functioning of the organization. | 11.1 is quite broad but could be more explicit on this point. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 3.1. This law shall regulate relations with respect following organizations financed by the state and local budget: 3.1.1. Secretariat of the State Ikh Hural (Parliament); 3.1.2. Office of the President; 3.1.3. Government Cabinet; 3.1.4. Administrative office of the National Security Council; 3.1.5. State central administrative or other state administrative organizations; 3.1.6. Judiciary and prosecutor’s offices of all instances; 3.1.7. Institutions established by the State Ikh Hural with exception of the Government Cabinet; 3.1.8. Administrative offices of local municipal and self-governing bodies, local government owned or partial ownership legal entities; 3.1.9. State owned or partially owned legal entities; 3.1.10. Non-governmental organizations executing the particular functions of the executive branch in accordance with the 19.1, of Mongolian Law on Government and 3.1.11. Mongolian National Public Radio and Television organization. 3.2. This law shall not apply in ensuring transparency in operation of the armed forces, authority of border protection and intelligence organization. | president, cabinet, all state administrative organs, national security council, and local government entities - 5 points. Exclusions for the armed forces, border protection and intelligence organizations. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 3.1. This law shall regulate relations with respect following organizations financed by the state and local budget: 3.1.1. Secretariat of the State Ikh Hural (Parliament); 3.1.7. Institutions established by the State Ikh Hural with exception of the Government Cabinet; | parliament and all parliamentary institutions and institutions established by parliament |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 3.1. This law shall regulate relations with respect following organizations financed by the state and local budget: 3.1.6. Judiciary and prosecutor’s offices of all instances; | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 3.1. This law shall regulate relations with respect following organizations financed by the state and local budget: 3.1.9. State owned or partially owned legal entities; | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 3.1. This law shall regulate relations with respect following organizations financed by the state and local budget: 3.1.5. State central administrative or other state administrative organizations; | state administrative entities but not entirely clear what this covers |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 3.1. This law shall regulate relations with respect following organizations financed by the state and local budget: 3.1.10. Non-governmental organizations executing the particular functions of the executive branch in accordance with the 19.1, of Mongolian Law on Government and | Public functions but no mention of entities receiving public funding |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 12.1. An information requesting party shall have the following rights in exercising his/her rights: 12.1.3. shall not have obligation to explain the need and ground of requesting information; | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | NO | 0 | 11.3. The request for information by the citizen and legal entity shall meet the following requirements: 11.3.1. to provide information of his/her full name, address, e-mail address, telephone number, number of national ID or its equivalent and signature in case of a citizen,; 11.3.2. to provide name, address, e-mail address and the state registration number of the legal entity, and the signature of the competent person authorized to represent the legal entity, in case of a legal entity; 13.1. An official who received the request from citizen and legal entity for information (“Request”) shall examine the request as follows: 13.1.2. to check the accuracy of the personal information related to the citizen and legal entity using Number of national ID or its equivalent document; | Need name, address, email, telephone, national ID and signature; ID to be verified |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 11.2. Any official of the organization, specified in the article 3.1 of this law, with mandate to receive a request for information from the citizen and legal entity is prohibited to make any other requirements not specified in this law. 15.1. A citizen and legal entity may request to receive information in an electronic form. 15.2. In the event the request is made to receive information in an electronic form, citizen and legal entity shall prepare electronic document and include digital signature, a number of its own national ID or equivalent document and send the information through e-mail. | Relatively straightforward - no onerous requirements. 15.1 allows electronic requests but need digital signature which is not necessary |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | Partially | 1 | 12.1. An information requesting party shall have the following rights in exercising his/her rights: 12.1.4. to receive additional reference on issues related to information; 12.1.5. to have oral explanation made on the content of the information; 12.2. An information requesting party shall have the following obligations when receiving information: 12.2.3. to articulate the required information realistically. | 12.1.4 and 12.1.5 seem to provide for this, to some extent, but are not very clear. Also, the 12.2.3 requirement to be realistic in asking for the info is troubling, and makes it seem like clarification help would not be forthcoming and the request might be rejected. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 13.1. An official who received the request from citizen and legal entity for information (“Request”) shall examine the request as follows: 13.1.3. to check whether the required information is in the possession of the organization, if not to transfer the request to the relevant organization within 2 business days and inform the citizen and legal entity about the transfer; and 13.2. The request shall be turn in on the following grounds in addition to the grounds specified in the article 18 of this Law: 13.2.2. information mentioned in the request is not in possession of the organization, and it deems impossible to transfer the request to relevant organization. | Transfer within 2 business days and inform requester, unless impossible |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | Partially | 1 | 12.1. An information requesting party shall have the following rights in exercising his/her rights: 12.1.2. to choose the means to receive information; 14.6. Information may be provided orally, in written and electronically, and citizen and legal entity may examine the information in person. 15.3. In the event the information is provided to citizen and legal entity in electronic form, the respective official of the organization shall prepare electronic document including his/her digital signature and send the information through e-mail to the person who made the request. 15.4. When releasing information in electronic form, the procedures specified in the articles 11-14 of this Law shall be complied with. | May choose means of receiving but obligation to comply not clear |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 14.7. A request whose response can be immediately provided shall be resolved and responded immediately. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | 14.8. Unless otherwise provided by laws, information shall be given within 7 business days to a citizen and legal entity who have made the request and if the request is made jointly, the information shall be given to any one of the citizens on their behalf. | |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | 14.9. If deems necessary, period specified in the article 14.8 of this Law may be extended once by 7 days. | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 4.1. The terms found in this law shall bear the following meanings: 4.1.8. “expenses for information release” means expenses of photocopying, copying, and delivering through mail, and other required expenses for the purpose of releasing information to citizens and legal entities; 16.4. The amount of service fees shall not exceed the direct expenses related to release of such information such as copying and delivery through mail. | Implies that this is the case by limiting the service fee to the direct cost of reproduction and delivery. |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 4.1. The terms found in this law shall bear the following meanings: 4.1.8. “expenses for information release” means expenses of photocopying, copying, and delivering through mail, and other required expenses for the purpose of releasing information to citizens and legal entities; 16.1. The service fee shall apply for citizens and legal entities receives information. 16.2. The amount of service fee specified in the article 16.1 of this Law shall be established by the management of the organization in commensurate with the expenses to be incurred in relation to the release of such information, and the calculation methodology and procedures for the payment of such fees, its discount and waiver shall be approved by the Government of Mongolia. 16.3. The service fees specified in article 16.1 of this Law shall not be imposed at the same time with other service fees. 16.4. The amount of service fees shall not exceed the direct expenses related to release of such information such as copying and delivery through mail. | 4.1.8 refers to "other required expenses" beyond copying and delivery |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | Partially | 1 | 16.2. The amount of service fee specified in the article 16.1 of this Law shall be established by the management of the organization in commensurate with the expenses to be incurred in relation to the release of such information, and the calculation methodology and procedures for the payment of such fees, its discount and waiver shall be approved by the Government of Mongolia. | Reference to fee waivers but not clear if established |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 12.2. An information requesting party shall have the following obligations when receiving information: 12.2.2. not to violate the Constitution of Mongolia, other laws, rights and lawful interests of others when exercising his/her right to receive information; | Clear restrictions on reuse |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 2.1. The Legislation on the Information transparency and right to information shall consist of the Constitution of Mongolia, Law on the State Secret, Law on Approval of the State classified information list, the Law on Privacy, this law and other legislative acts adopted pursuant to these laws. 2.2. If an international treaty to which Mongolia is a party is inconsistent with this law, then such provisions of the international treaty shall prevail. 5.1. The following principles shall apply in the activities to ensure the information transparency and right to information: 5.1.3. Openness of all information with exception of the state classified information in pursuant to the Law; 14.1. An organization specified in the article 3.1 of this Law is obliged to release information related to the activities of the organization, except the information prohibited publicly disclose as specified in the laws and legislations, to citizens and legal entities. 18.1. In the following circumstances, it is prohibited to disclose the information to others: 18.1.5. others specified in laws and legislations. | The law on state secrets remains in force, classification seems to trump openness and exceptions in other laws apply but the law can also be trumped by international treaties |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 4 | 3.3. This Law shall not apply when receiving and resolving petition, comment, complaint and statements in pursuant to the article 4 of the Law on the resolution of Petition and complaints lodged by citizens to the state organizations and the public official. 11.1. Citizens and legal entities shall be entitled to receive the following information except the information prohibited by law to publicly disclose for the purpose of ensuring human rights, freedom, national security, and organization’s lawful interest from the organization specified in the article 3.1 of this Law; 11.1.1.All types of information, documents, agreements and contracts in possession of the organization; 11.1.2. Information related to the property in possession of the organization; and 11.1.3. Any other information related to the activities of the organization. 18.1. In the following circumstances, it is prohibited to disclose the information to others: 18.1.1. if there are well-grounded reasons that the public release of the concerned information might be detrimental to the national security and public interest of Mongolia; 18.1.2. if the concerned information is related to matters under review by the Mongol Bank, the Financial Regulatory Commission, state administrative organizations in charge of competition or specialized inspection; 18.1.3. if it is necessary to protect the secrets of state, organization and individual during the process of inquiry, investigation and prosecution; 18.1.4. if the concerned information is related to the process of concluding international treaty or agreement; and 18.1.5. others specified in laws and legislations. 19.1. It is prohibited to disclose intellectual property related information without the permission by the owner. 20.1. Unless otherwise provided by law, if individual has not agreed in written, it is prohibited to disclose his/her information except the information of his/her parents’ name, first name, age, gender, profession, education, official position, work address and telephone number. 21.1. It is prohibited to disclose, without the written permission given by the respective official of the business entity (executive management or other persons to whom the authority is given to), secret information, technological solution, project, research document and other information related to required machineries and equipment, whose disclosure might be detrimental to the lawful interest of the organization, or those taken under its confidentiality or protection for the purpose of protecting its market and advantage in the fair competition, or those related to the unique activities of the organizations and business entities specified in the article 3.2 of the Law on Organization’s secret. | 3.3 - citizen petitions; 11.1 - human rights, freedom, lawful interests of authorities; 18.1.1 - public interest of Mongolia; 18.1.3. secrets during the process of inquiry, investigation and prosecution (overly broad); 19.1 IP (overly broad); 21.1 - info related to the unique activity of the organization (overly broad trade clause). |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 1 | 11.1. Citizens and legal entities shall be entitled to receive the following information except the information prohibited by law to publicly disclose for the purpose of ensuring human rights, freedom, national security, and organization’s lawful interest from the organization specified in the article 3.1 of this Law; 11.1.1.All types of information, documents, agreements and contracts in possession of the organization; 11.1.2. Information related to the property in possession of the organization; and 11.1.3. Any other information related to the activities of the organization. 18.1. In the following circumstances, it is prohibited to disclose the information to others: 18.1.2. if the concerned information is related to matters under review by the Mongol Bank, the Financial Regulatory Commission, state administrative organizations in charge of competition or specialized inspection; 18.1.4. if the concerned information is related to the process of concluding international treaty or agreement; and | 11.1 - national security; 18.1.2 - matters under review by the Mongol Bank, the Financial Regulatory Commission, state administrative organizations in charge of competition or specialized inspection; 18.1.4. related to the process of concluding international treaty or agreement |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | Partially | 1 | 13.3. When turning in the request, the reason and ground shall be clearly specified. | Must provide "reason and ground" but no mention of right to appeal |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 17.1. Complaint may be made on the action or inaction of the organization and official who have violated the rights of citizens and legal entities to receive information to higher level organization or official, the National commission for Human rights, or court. 17.2. The relations related to the resolution and consideration of the complaints specified in the article 17.1 of this Law shall be regulated by the following laws: 17.2.1. Law on the resolution of application and complaint submitted by the citizens to state organization and official, Law on Administrative Procedure, and Law on Civil Procedure if the complaint is made to higher level organization or official; | Internal appeal according to pre-etablished rules in other laws. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 17.1. Complaint may be made on the action or inaction of the organization and official who have violated the rights of citizens and legal entities to receive information to higher level organization or official, the National commission for Human rights, or court. 17.2. The relations related to the resolution and consideration of the complaints specified in the article 17.1 of this Law shall be regulated by the following laws: 17.2.2. Law on the National Commission for Human Rights of Mongolia if the complaint is made to National Commission for Human Rights; | Appeal to the Human Rights Commission based on its law |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | HR Commission Act 5.1. The Speaker of the State Great Hural (Parliament) shall nominate names for candidates for Commissioners to the State Great Hural on the basis of respective proposals by the President, the Parliamentary Standing Committee on Legal Affairs and the Supreme Court. 5.2. If the State Great Hural declines to appoint a candidate as a Commissioner, then the Speaker of the State Great Hural shall submit the name of another person within 14 (fourteen) days in accordance with procedure provided in Art 5.1. 5.3. A name of the same person shall not be nominated again. 5.4. The State Great Hural shall consider and decide on this issue within 30 (thirty) days from the date of submission of the names for candidates. 5.5. In case any of Commissioners has been released, resigned from his/her official position or deceased before the expiry of the term of his/her office, the Great State Hural shall appoint replacement for that Commissioner within 60 (sixty) days from that date in accordance with this Law. 5.6. A Chief Commissioner shall be appointed for a term of 3 (three) years from among Commissioners by the State Great Hural, based on the proposal by the Speaker of the State Great Hural. 5.7. Commissioners shall not hold any job or office concurrently other than that mandated by this Law, except that of engaging in training and research. If any of Commissioners has been holding another job or office before his/her appointment, then he/she shall be released from that job or office from the day on which he/she has taken an oath of office. 6.1. A single term of office for Commissioners shall be 6 (six) years. 6.2. Powers of Commissioners shall start by taking an oath of office to the Constitution of Mongolia, and shall end by the swearing in of the newly appointed Commissioners. 6.3. Commissioners may be re-appointed only once. 8.1. The State Great Hural shall release a Commissioner from his/her office in the following cases: 8.1.1. A Commissioner has been nominated as a candidate for the President of Mongolia, or for the Member of the State Great Hural; 8.1.2. A Commissioner has been appointed or elected to another official position; 8.1.3. A Commissioner has requested on his/her own because he/she becomes unable to exercise his/her powers due to health conditions or for any other excusable reasons. 8.2. The State Great Hural shall discuss and make a decision within 14 (fourteen) days from the date of receipt of a proposal and decision from the competent authority on whether to suspend his/her powers, if a Commissioner has been implicated in the crime, as well as has been arrested as provided in Art 23.1. of this Law. 8.3. The State Great Hural shall restore his/her powers and adopt a resolution to that effect, on the basis of a decision by the competent authority or official, which has established that a Commissioner has not been implicated in the crime or not guilty of committing it. 8.4. The State Great Hural shall dismiss him/her from the office and adopt a resolution to that effect, if a crime, which has been proved to be committed by a Commissioner, and a final binding judgement to that effect by the Court has come into force. 23.1. If Commissioners has been arrested in a criminal act or on the site of crime with all implicating evidence, it shall be reported by the relevant official to the Chairperson of the State Great Hural within the following 24 (twenty four) hours. In all other cases it shall be prohibited to detain, imprison or impose administrative sanctions by way of a judicial process on Commissioners, and to conduct the search of his/her home, office room and body. 23.2. Unless otherwise provided by the law, it shall be prohibited to release and/or dismiss Commissioners as well as to transfer him/her to another job or official position without his/her consent. 23.3. It shall be prohibited to divulge the confidentiality of correspondence related to the exercise of powers by Commissioners. 23.4. Business entities, organisations and their officials and citizens shall have obligations to render all kinds of assistance to Commissioners in exercise of his/her powers. | A diffuse appointment process involving courts, parliament, etc. Arts 5, 8 and Art 23 provide security of tenure. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Human Rights Commission Act 22.1. Expenses for the activities of Commissioners shall be financed from the State Consolidated Budget, and the State shall provide economic guarantees for carrying out his/her activities. 22.2. The State Great Hural shall approve and reflect specifically the budget of the Commission in the State Consolidated Budget on the basis of a latter's proposal, and this budget shall fulfil the requirements for the independent conduct of its activities. 22.3. Commissioners shall receive a salary equal to that of the Member of the Government Cabinet. 22.4. In case the term of office of Commissioners has expired, or he/she has been relieved from the office because of the health condition or for any other excusable reasons, Commissioners shall be provided with the allowance for period of up to 6 (six) months, which is not less than the salary level when he/she was Commissioners, until he/she gets transferred to another job or official position in line with his/her profession or expertise, or get employed in different job without scaling down the salary, and if he/she is employed in job with lesser salary, then he/she shall be provided with the difference of that salary during the same period. | |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | Partially | 1 | HR Commission Act 4.1. A candidate for Commissioners shall be a Mongolian citizen of high legal and political qualification, with appropriate knowledge and experience in human rights, with a clean criminal record and who has reached the age of 35 (thirty-five). | Some limited conditions and prohibitions. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Human Rights Commission Act 16.1. Commissioners shall exercise the following powers during the course of inquiry into complaints: 16.1.1. To take explanations in writing from the Complainant and relevant business entities, organisations, officials or individual persons and take explanations orally and take notes thereon if the Complainant is illiterate; 16.1.2. To summon the Complainant and relevant persons; 16.1.3. To have unrestricted access to any business entity or organisation and to participate in their meetings and conferences, and to meet in person with the relevant officials; 16.1.4. To obtain without any charge the necessary evidence, official documents and information from organisations and/or officials, and to get acquainted with them on the spot; 16.1.5. To appoint experts from the appropriate organisations in a case of necessity for the specialised knowledge, and to get their expert-opinions; 16.1.6. To transfer a complaint to the relevant authorities or officials according to their jurisdiction, if it is considered that this complaint has a nature of criminal or civil case during the course of examination; 16.1.7. To conduct alone an inquiry into the activities of business entities, organisations or officials, or jointly on the basis of a proposal by the competent State authority and their officials; 16.1.8. To access the confidential data/secrets of the State, organisation or individual person in accordance with procedure established by the relevant law, if Commissioners considers it necessary during the course of exercise of his/her powers; | Power to access documents and summon witnesses and to have "unrestricted access" to organisations. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | Human Rights Commission Act 19.1. Commissioners shall issue demands and/or make recommendations during the course of exercise of his/her powers. 19.5. Commissioners may approach the Court, according to the procedure established by law, with regard to the business entities, organisations or officials which have refused to undertake relevant measures as provided under his/her demands and/or recommendations. | Can issue "demands" and "recommendations" and can approach the courts if these are not followed. But not clear whether or not the Courts have to enforce them. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Human Rights Commission Act 19.1. Commissioners shall issue demands and/or make recommendations during the course of exercise of his/her powers. Human Rights Commission Act 19.5. Commissioners may approach the Court, according to the procedure established by law, with regard to the business entities, organisations or officials which have refused to undertake relevant measures as provided under his/her demands and/or recommendations. | HR Commission can go to Court to complain, but not quite the same as having its own powers |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 17.1. Complaint may be made on the action or inaction of the organization and official who have violated the rights of citizens and legal entities to receive information to higher level organization or official, the National commission for Human rights, or court. 17.2. The relations related to the resolution and consideration of the complaints specified in the article 17.1 of this Law shall be regulated by the following laws: 17.2.3. Law on Administrative Procedure and Law on Civil Procedure if the complaint is filed to court. | Appeal to the courts based on their rules |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | Partially | 1 | Human Rights Commission Act 9.1. Citizens of Mongolia, either individually or in a group, shall have the right to lodge complaints to the Commission in accordance with this Law, in case of violations of human rights and freedoms, guaranteed in the Constitution of Mongolia, laws and international treaties of Mongolia, by business entities, organisations, officials or individual persons. 9.2. Unless otherwise provided in laws and international treaties of Mongolia, foreign citizens and/or stateless persons who are residing in the territory of Mongolia, shall exercise the same right to lodge complaints to the Commission on equal footing as the citizens of Mongolia. 9.3. Complaints may be lodged in by representation of lawful representatives-parents, care-takers and/or guardians for the persons, who do not have full civil law capacity or have some limited or partial capacity, as well as by representatives provided under the law for the persons, who are considered missing or declared as deceased. 9.4. Non-governmental organisations and trade union organisations shall exercise equally the right provided in Art 9.1. and lodge complaints through their representatives. 9.5. Representatives provided in Art 9.3 and Art 9.4 shall have a document of proof for their own representation powers. 15.1. Commissioners shall exercise the following powers with respect to the acceptance of complaints: 15.1.4. To explain to the Complainant what rights and duties he/she has with regard to the restoration of violated rights. | Complaints may be made by legal represenatives, including parents, suggesting you do not need a lawyer, reinforced by the fact that complaints can be made orally. No mention of whether the process is free. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 17.1. Complaint may be made on the action or inaction of the organization and official who have violated the rights of citizens and legal entities to receive information to higher level organization or official, the National commission for Human rights, or court. | Covers both action and inaction by public bodies so seems to be comprehensive |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Human Rights Commission Act 12.1. A Complainant shall lodge a complaint within 1 (one) year from the date on which his/her rights and freedoms were violated or from the date on which he/she came to know about such violation. 12.2. The Commission shall not accept any complaint without a name or address on it. 12.3. The Commission shall give a reply within 30 (thirty) days from the date of receipt of a complaint, and if there is need for additional research and inquiry required, the Chief Commissioner may extend it up to 60 (sixty) days. | Clear timelines but no procedures |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | Human Rights Commission Act 19.2. Commissioners shall write and deliver demands to relevant organisations in order to restore human rights and freedoms and eliminate the violations if he/she has considered that business entity, organisation or official has violated human rights and freedoms. 19.3. Commissioners shall make recommendations within his/her own competence and deliver them to relevant business entities, organisations or officials in order to eliminate reasons and conditions in case there is possibility for violations of human rights and freedoms. | Broad powers to order organisations to take measures to eliminate the violations. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 14.3. An organization specified in the article 3.1 of this law is prohibited to illegally destroy information in its possession and infringe rights of citizen to exercise his/her right to receive information. 25.1. Any one of the disciplinary liabilities, those are provided in the article 26 of the Law on Civil Service, shall be imposed on the civil servant, considering the characters of the violation, who violated the laws and legislations on the Information transparency and right to information by the competent authority who appointed the civil servant. 25.2. A civil servant who repeatedly or seriously violated the right of the citizen and legal entity to receive information shall be dismissed from his job on the ground specified in the provision 25.1.1 of the Law on Civil Service by the competent official. 25.3. A judge shall fine the respective decision making person who violated the article 25.2 of this Law by tugrugs equal to five times the minimum labor wage. | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 25.3. A judge shall fine the respective decision making person who violated the article 25.2 of this Law by tugrugs equal to five times the minimum labor wage. | Fines for decision makers who refuse to sanction officials but very limited. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | Partially | 1 | 14.2. An organization specified in the article 3.1 of this Law shall establish facility to meet citizens, and a timetable to receive request and publicly inform of it. | Must organise "facility to meet citizens" but not clear what this comprises. |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | Partially | 1 | 22.1. State Administrative organization in charge of Information technology shall exercise the following powers with regard to ensuring information transparency and right to information: 22.1.1. to put information specified in the articles 7, 8.1, 9 and 10 of this Law into electronic form, create information base, distribute, use and prepare common regulation to ensure the reliability of their un-interrupted operation, storage and protection; | General obligations on information database but not clear exactly what is covered |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | Partially | 1 | 22.1. State Administrative organization in charge of Information technology shall exercise the following powers with regard to ensuring information transparency and right to information: 22.1.2. to organize training among state organizations and provide professional and methodological assistance on the issues of storing information into electronic form, creating information base, distribution, use, and ensuring the reliability of their un-interrupted operation, storage and protection; | Training may be offered by the State organisation in charge of tech. but this is just on storing info and related and not on the broader RTI issues |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | Partially | 1 | Human Rrights Commission Act 20.1. The Commission shall submit to the State Great Hural a report on the human rights situation in Mongolia within the 1st (first) quarter of every year. 20.2. Report of the Commission shall be published in the 'State Gazette'. | Requires the Commission to report on the state of human rights which includes the right to information but no dedicated obligation. |
