Report on the status of court reform in Mongolia

Нээлттэй Нийгэм Форум BRENT T. WHITE

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INTRODUCTION
Since the late 1990’s, the World Bank, the Asian Development Bank, USAID, GTZ, the Hanns-Seidel Foundation, and the Japan International Cooperation Agency (JICA), among others, have invested tens of millions of dollars to “reform” the Mongolian judiciary.
These reform efforts have been driven in large part by the belief by international donor agencies and development banks that economic growth depends upon the “rule of law”.

“Rule of law” in turn depends on a well-functioning and independent judiciary - which the public can trust to render fair, just and consistent decisions.
After nearly a decade of “reform,” however, public confidence in Mongolia’s judicial system remains decidedly low. More strikingly, public attitudes toward the judiciary have grown increasingly negative during this period of reform – with a “dramatic drop” in confidence in the Supreme Court and the Tsets (Constitutional Court) in particular.

A recent survey of public nationwide attitudes toward the courts found that only 28% percent of Mongolians believe they would be treated fairly were they to fi nd them-selves in court. In contrast, over 85% of Mongolians believe that the courts show favoritism to each of the following: the wealthy, public officials, relatives and friends of court personnel, and corporations. Likewise, over 75% of Mongolians believe judicial decisions are influenced by political considerations, judges’ own personal interests, and government officials.

Moreover, confidence in the courts is significantly lower – and increasingly so - among individuals who have had actual experience before courts than those who have not – with a three-fold increase since 2005 in negative perception of the courts among actual court users.
Out of concern that a decade of judicial reform has failed to appreciably improve public confidence in the courts, the Open Society Forum (OSF) has initiated a “Judicial Independence Project.”
As a first stage of this project, OSF conducted a needs’ assessment intended to gauge the actual progress of judicial reform in Mongolia, sort out perceived verses real de-ficiencies in the judicial system, and to guide OSF in developing a strategy moving forward. Below are the results of this needs assessment and recommendations as to how OSF might direct its Judicial Independence Project.

Mongolians believe judicial decisions, Judicial Independence, reforms targeted at accountability, special anti-corruption measures

2008-03-04

53

Англи

Бүрэн эхээр нь үзэх

2020-10-11

3603

16

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Нээлттэй Нийгэм Форум BRENT T. WHITE “Report on the status of court reform in Mongolia” (2008), ... дахь/дэх тал. Legaldata-аас унших боломжтой: https://legaldata.mn/b/797

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