Sukhburen_Transparency Mongolia_eng.doc - UNDP Mongolia by 5c1RlpR

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									On May 14, 2003, Transparency International – Mongolia (TI-M), non-governmental organization was established
by S. Oyun, head of Zorig Foundation, co-jointly with her friends and partners who share same opinions and
viewpoints. Since its establishment, the organization has translated and published the Transparency International
book “Source of Corruption”, developed a national program against corruption, joined the UN Conventions
against Corruption and actively participated in legislation process of Mongolian law on corruption. The
organization has also been expressing its stance on important events at the national level.

Having opened our office officially on April 18, 2007, we have been working non-stop. At the beginning of our
activities, we set objectives to conduct trainings and workshops for court judges who will play a significant role in
fighting against corruption hindering the economic development of a country, to enhance citizens’ knowledge,
and to direct attentions of the general public and politicians to the issues of corruption, so most of our activities
focused on organizing trainings and workshops, translating the corruption related materials into Mongolian and
publishing them for the local readers.

Since I am giving information on some past activities here, I would like to mention some activities we are planning
on for the future. First of all, everyone knows that it is no longer possible to control the connection and
interdependence among different governances and to mutually monitor one another. This is dangerous because
it might “legalize” the opportunities to commit corruption and to exploit one’s position. Here comes the necessity
of conducting the study on National Integrity Justice System of Transparency International which will help
develop the policy and correct and improve the existing system. On the other hand, political will is needed to
carry out reforms which help the development of a country move into the right direction, and theoretically fair,
competitive elections realize the will but in reality it does not work out that way. In this case, independent mass
media and civil society give pressure and create the political will within the framework of laws in effect. TI-
Mongolia will work on to deepen the knowledge and understanding of people, next generation, youth and young
people on corruption and how to prevent corruption and to increase the participation and control of people in
political and economic activities of Mongolia.

Trainings on Corruption

Prevention of corruption on purchases of goods, works and services by state and local
properties
           At the event of World Day against Corruption, which is December 9, Independent Authority against
Corruption of Mongolia (IAAC) in collaboration with UNDP project on Fair System and TI-Mongolia organized a
joint training on December 11-13, 2007. D. Ondrachka, officer of TI-Czech and Prof. O. Munkhbat of NUM
conducted the training based on summary of manuals, “Manual on Preventing Corruption in the Construction,
Infrastructure and Engineering sectors” and “Rules on Preventing Project Corruption”, the first parts of the TI
manual “Handbook on Public Procurement”.
           The training covered a total of 125 representatives from government organizations, project implementing
officers of donor organizations, Central Intelligence Agency (CIA), IAAC, General Police Department, General
Prosecutors’ Office of Mongolia, Confederation of Trade Unions of Mongolia, NGOs and expert associations and
societies:
           1. December 11, 2007: A total of 33 people participated in the training including government
                ministries, agencies, committees, Ministry of Finance experts, permanent committees of parliament,
                National Auditing Office, Financial Regulatory Committee, Metropolitan Administrative Court,
                experts and referents of President’s Office, etc.
           2. December 12, 2007: A total of 37 people participated in the training including Project Management
                Unit to improve public sectors of Ulaanbaatar city, managers and experts of ADB and World Bank,
                Association of Engineers, Association of Architects, Association of Engineering organizations and
                private sector representatives.
           3. December 13, 2007: A total of 38 people participated in the training including investigators of Office
                against Economic Crimes and IAAC against Corruption, experts of CIA and General Prosecutors’
                Office, etc.
           4. Even though we invited judges, they were not available that day, so we conducted a special training
                afterward for the judges of Metropolitan Administrative Court covering a total of 17 judges and judge
                assistants.
Some comments and suggestions from participants of the trainings:
   -   To organize this seminar for the construction sector specifically with its related ministries and
       administrations;
   -   To conduct a training to increase the capacity for monitoring of NGOs;
   -   To conduct trainings and give lessons in two separate categories: mid-level directors and management
       level;
   -   To include assessment committees of ministries in trainings and to provide qualified officers with
       recommendations as soon as possible;
   -   To conduct a training on Crimes against using one’s Positions improperly;
   -   To deliver trainings and seminars to the general public and advertize them on TV, via newspapers and
       magazines;
   -   To organize this kind of training for judges and court staff;
   -   To submit the outcomes of trainings and seminars to decision-making authorities;
   -   To conduct trainings covering all governmental organization staff.

Training on “Prevention of Corruption on Purchases and Judicial System” for judges

On March 7, 2008, we discussed with N. Ganbayar, Executive Secretary of General Commission of Court and D.
Enkhbaatar, Head of Administration of Metropolitan Administrative Court and produced Mutual Understanding
Memorandum agreeing to organize the training themed “Prevention of Corruption on Purchases and Judicial
System” for all judges from April 28 until July 3, 2008.

    The training project comprised of two parts:

    1.   Global Corruption Report (GCR), training manual, released from TI in 2007: translating and publishing of
         Chapter 1 of the book Corruption in Judicial System;
         Translation and publishing of the book were done by the funds of Embassy of Great Britain.

    2.   Costs to conduct all trainings at courts of Mongolia were covered by Partnership for Transparency Fund
         (PTF).

The full-day training consists of the morning session on general concepts of corruption and corruption on
purchases and its forms and damages followed by the afternoon session on corruption of courts and judicial
power, its forms and international studies and recommendations for judges and teachers. Ts. Tsogt, Kh.
Batsuren, and A. Otgontsetseg, judges and teachers of Metropolitan Administrative Court, D. Sukhburen,
Executive Director of TI-M, J. Elbegsaikhan, lawyer and M. Batbaatar, lecturer of NUM traveled about 26 000 km
by car, train and plane and conducted a total of 23 trainings.

Additionally, training was conducted for judge assistants and secretaries of Metropolitan Court upon the request
of B. Sarantuya, judge and head of Criminal Department of Metropolitan Court on December 12, 2008. The
training covered 80 participants.
J. Elbegsaikhan in the court of Dornod aimag              Judge/teacher Ts. Tsogt of Selenge aimag, is about to
conduct a training for court staff.




Judge/teacher Kh. Batsuren of Uvurkhangai aimag conducted training for prosecutors.




Training at Investigation Division of          Judge/teacher А. Otgontsetseg of Khentii aimag
General Prosecutors’ Office                    conducted training for court judges and staff.




M. Batbaatar representing TI Mongolia conducted general trainings against corruption at the court of
Bayankhongor aimag.

Upon the request of PTF, funding organization, full-day training was conducted separately for investigators of
Investigation Division of General Prosecutors’ Office who investigate illegal actions of judges, auditors and
experts of National Auditing Office who audit purchases and NGO representatives who monitor courts from
outside. A total of 23 investigators, 30 auditors and experts and 22 NGO representatives participated. The
training covered 715 participants as a whole:

         -    Judges – 330 people;
          -    Judge assistants – 267 people;
          -    Heads of Administration Departments and others – 43 people; and
          -    Auditors, investigators, NGO representatives – 75 people.

Some conclusions from the article “Judicial Corruption and Preventive Opportunities” published in Century News newspaper on
October 15, 2008...

               “Even though reforms aiming to create fair, reliable and independent courts in Mongolia have been
     implemented successfully having positive impacts on the judicial system, there are still some points that need to
     be corrected and made more developed in the future. Therefore, the suggestions and ideas as a result of the
     costly training which might be useful are as follows:

               1. Each judge should be faithful to the oath he or she took, or should be obligated and responsible for
     laws only. In other words, it is necessary to have “administrative management” in judicial proceedings by
     precisely determining the type and form of administrative management of courts and the implementing
     parties/subjects. It means that laws should be made so that there is no reasoning that anyone can order around
     the judges in any manner who conduct judicial proceedings;
               2. To provide judges with opportunities to learn, to do research and studies;
               3.      In case there are insufficient legal provisions when resolving conflicts, initiatives to make them
     more complete should be supported and opportunities to be provided;
               4.      To support judges with professional association of judges and activities and enable legal
     environment in which they could work independently;
               5.      When electing members of Disciplinary Committee of Court, persons who belong to a particular
     party, run business or have potential to cause conflict of interests must not be nominated. Instead those without
     party affiliation, business inclination and prominent individuals who make individual decisions must be nominated;
               6.      When selecting judges and discussing them at disciplinary and professional committees, non-
     governmental organizations and civil society organizations should be provided with opportunities to intervene by
     monitoring their performance;
               7.      When appointing, dismissing and laying off the judges, formal, articulate explanations should be
     provided;
               8.      To amend the Code of Conducts of Judges so that judges are restricted to meet with either party
     of conflict alone;
               9.      There are cases in which judges might get involved in bribery without knowing it. International
     studies show that this act is mostly committed by lawyer of either party of conflict or judge assistant on behalf of
     the judge. Therefore, Association of Lawyers should focus on improvement of capacities of associations of
     lawyers and make lawyers follow their rules of ethics. In addition, it is necessary to develop the method of
     selecting judge assistants and secretaries and to make this procedure accessible by the general public;
               10. Judges should be given rights to monitor whether judge decisions are being executed;
               11. To take measures in a way that Court Research Center of High Court provides judges with
     professional advice, instead of Chief Judge or high-level courts, in order to improve the independence of judges;
               12. To make the distribution of criminal cases as automatic as the distribution of other crimes;
               13. People should submit complaints on possible corruption acts committed by judges to Disciplinary
     Committee as well as to Investigation Division of State Prosecutors’ Office and IAAC. Because it is possible that
     some judges who committed grave crimes might get punishment as lightly as being laid off or even be able to
     avoid the due persecution;

Finally, people are aware of international practice and experience that corruption in the judicial sector negates efforts of a
country which carry out principles to respect laws and regulations and build a legitimate government and prevents from the
development of market economy and eventually development of the country. In order to prevent from corruption in the judicial
system of Mongolia, it is necessary to get rid of circumstances which enable judges to be affected by corruption. Perhaps this
will be realized by developing legislations related to structures, organizations and activities of judicial system and by raising the
bar of ethics, morality and responsibility of judges. On the other hand, in order to make corruption work effective, it is also
necessary to inform the public of identifying those affected by corruption and how they were published by mass media while
punishing those committed corruption.”




Prevention of Corruption on Purchases and Court System (training for teachers of law schools)

The 2007 TI GCR was released under the theme of “Corruption in the Court System”. Due to lack of funding, we
translated and published Chapters One and Two as two separate projects. We hereby express our gratitude to
the British Embassy for covering the costs of translation and publishing. Since these two Chapters were
published as two separate manuals, we conducted two trainings for state and private university teachers who
teach legal science:

     1.   “Comparative Analysis” of GCR or the training according to the manual produced by Chapter 1

On April 13, 2009, training for law teachers and staff of the department of studies was conducted according to the
resolution of M. Baasanjav, Head of Professional Education of Ministry of Education, Culture and Science on
providing the law teachers and staff of the department of studies with trainings and workshops. The training
covered 27 teachers and staff from 14 schools. D. Sukhburen, Executive Director of TI-M taught the general
concepts of corruption; J. Elbegsaikhan, lawyer took charge of the concept of legal draft on restriction of conflict
of interests; and A. Otgontsetseg, judge of Metropolitan Administrative Court was responsible for the training
portion of “Prevention of Corruption in the Judicial System”. Furthermore, 20 manuals were donated to each of 14
schools.




Training for state and private university teachers by instructor J. Elbegsaikhan

When asked which topics they would incorporate in the curriculum, they answered: (i) Examples discussed
during the training, (ii) All topics, (iii) Mass media and judicial corruption, (iv) Corruption in judicial power, (v) All
information on corruption, (vi) Corruption in the system of judicial power, (vii) Corruption in all sectors, (viii)
Corruption in judicial operations, (ix) Information given on conflict of interests, (x) Prevention of judicial corruption,
(xi) Corruption and officers of legal organizations, (xii) Legal provisions on corruption, (xiii) Corruption index and
information on the organization, and (xiv) Causes and situations of corruption.



    2.   “Country reports” of GCR or the training according to the manual produced by Chapter 2

On October 29, 2009, training was conducted for the deputy directors of law schools in charge of studies, two law
teachers, research staff of National Legal Institute and researchers of philosophical, sociological and legal
institutes of Academy of Science using the book “The 2007 Global Corruption Report – Country Reports”
(Chapter 2) released from TI. This training was co-jointly organized by the Ministry of Education, Culture and
Science. A total of 34 participants were covered.

During the training, Executive Director of TI-M provided information on corruption forms in the judicial system and
training for judges and Prof. N. Lundendorj, Deputy Director of Law School of NUM conducted the whole training.

20 books for the library use of each law school and institute participated in the training were donated.




Prof. N. Lundendorj took charge of trainings for state and private university teachers.

State Professional Inspection Agency

On November 11, 2008, two-hour lecture on ”Prevention of Corruption on Purchases of Goods and Services by
State and Local Properties” was organized for all general accountants of State Professional Inspection Agency of
Mongolia upon the request of UNDP project on Improvement of Government Services and Strengthening Justice
and Ethics of State Professional Inspection Agency of Mongolia.
D. Sukhburen is giving a lecture for general accountants of State Professional Inspection Agency of Mongolia.

General knowledge on corruption was provided. At the same time, international studies showing the difficulties
the number and type of inspections by professional monitoring organizations and inspection agencies pose on
businesses. For instance, “a director of entity spends about 2 days for monitoring and inspection and receives an
average of 78 inspection visits a year and has to reply to about 68 official letters a year”. Therefore, the following
recommendations are suggested:

        To approve and follow implementable Code of Conducts;
        To implement programs to prevent from conflict of interests and corruption;
        To create a responsibility mechanism for officers of tax organizations and monitoring agencies who
         committed improper acts;
        To make the procedure of works and inspections of monitoring and inspection organizations consistent
         and interrelated;
        To make information on rights and responsibilities of monitoring and inspection organizations clear and
         easy to understand and publish it accordingly;
        To establish an agency which is entitled to register monitoring and inspection and restrict the number of
         inspections;
        To simplify rules and regulations as well as monitoring and inspections;
        To make the activities of monitoring organizations transparent;

Trainings for investigators of Center against Corruption
IAAC of Mongolia requested to organize training on audit for its investigators and inspectors, so TI-Mongolia sent
a proposal to conduct training to B. Batbayar, Deputy Director of IAAC. The training was held on April 17, 2009.

We provided IAAC investigators with information on international standards of audit, and state, financial and
performance auditing methodologies. We also informed the investigators and inspectors that programs such as
TeamMate auditing management program by Price Waterhouse Coopers LLP and IDEA program developed by
Case Ware IDEA Inc. are being used by accounting and audit companies and governmental organization in
about 90 countries of the world. We advised on how to use the above programs and where to buy them.




Advocacy activities
Task to renew and make the Code of Conducts for judges in accordance with Bangalore principles

On December 9, 2008, we signed Collaboration Memorandum with General Commission of Court and agreed to
improve and make the Code of Conducts for judges of Mongolian courts consistent with Bangalore principles.
Therefore, this plan of action was reflected in the “2009 Plan of Actions of General Commission of Court”
approved by No. 01 Order of January 5, 2009.
On May 22, 2009, working team to renew and develop the Code of Ethics for judges in accordance with
Bangalore principles was established with the following components:

Heads of working team – O. Zandraa, Head of Administrative Case Department of High Court of Mongolia, Head
of Court Disciplinary Committee;
                            B. Enkhbaatar, Secretary, Head of Working Team of Court Disciplinary Committee;
Members –          B. Battseren, Metropolitan Court Judge;
                   Kh. Batsuren, Metropolitan Administrative Court Judge;
                   B. Baatar, General Judge of Bayanzurkh District Court;
                   D. Baatarkhuu, Head of Division, General Commission of Court;
                   G. Ganzorig, former legal consultant and representative of TI-Mongolia NGO.




The first meeting of working team, (from left) D. Enkhbaatar, Head of Working Team of Disciplinary Committee of Court, B.
Baatar, Chief Judge of Bayanzurkh District Court, Kh. Batsuren, Judge of Metropolitan Administrative Court, D. Oyumaa,
Officer of Disciplinary Committee, D. Baatarkhuu, Head of Division of General Commission of Court, and G. Ganzorig, former
legal consultant of TI-M NGO.

TI-Mongolia provided the working team with few comments and suggestions as the draft version of reforming the
Code of Conducts for judges. For instance, a judge should not meet with a party to conflict independently; there
should be a provision which distinguishes ethical malpractice from professional one; Code of Conduct should not
be followed only at workplace but in one’s daily life all the time, etc. This draft was sent to the working team and
they met a number of times afterward. It was adopted during the meeting of Commission of Judges in January,
2010 and was put into effect on February 3, 2010 by the resolution of Chief Judge of High Court of Mongolia.

Activities to be done in collaboration with General Department of Police

On April 19, 2010, TI-Mongolia signed a contract of collaboration with General Department of Police. Since 2007,
General Department of Police has been working on the improvement of rules and standards of its operations,
codification and systemization as well as getting rid of overlapped operations. TI-Mongolia agreed to take care of
financial sources to get advice from foreign experts having translated 30 standards which regulate new relations
emerged from the market system out of 248 codified and systemized standards with potential risks of corruption;
to get the first volume of approved standards published; and to provide with computer programming to install the
standards on the website for General Department of Police.

Measuring and Analyzing Corruption
In 2009, for the first time Mongolia was included in one of the three major surveys, World Corruption
Measurement or Barometer Survey conducted by TI covering many countries of the world. Analysis based on the
result of the survey targeting ordinary citizens will play an important role in fighting against corruption. IAAC got to
be able to participate in the survey by collecting information and data and in 2010 IAAC is collecting information
and data using their own sources.

								
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