This document discusses access to environmental information in Mongolia under the country's Law on Information Transparency and Right to Information. It provides 5 case studies of civil society organizations using the law to obtain environmental data:
1) A coalition requested information from an oil company about its exploration activities but received incomplete responses.
2) An NGO obtained a protected area map after multiple meetings to clarify reasons for disclosure.
3) An NGO created a multilateral council for information sharing between community, companies, and government to prevent conflicts.
4) A movement's request for impact assessments was denied as "state secret."
5) A foundation received no response to requests for spending reports of environmental funds.
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Access to Environmental Information in Mongolia
1. ACCESS TO
INFORMATION IN
MONGOLIA
April 29, 2013
Jakarta, Indonesia
1
Presentation by civil society organizations of Mongolia at
the “STRIPE” project meeting
2. Background of Mongolia
05/03/13
2
Population 2,7 mln
GDP growth-17%
Air pollution of Ulaanbaatar
279Mgr/m3
#1by WHO report (www.businessnews.mn)
3. Legalization for access to
information
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3
May 14, 2010
Resolution No 143 on transparency indicators of
the public institutions obliging to make information
on the activities, finance and budget, procurement
and human resources open to the public
June 16, 2011
Law on Information Transparency and Right to
Information (joint effort of civil society of Mongolia
led by Globe International since 2002)
4. Uses of FOI law by public to
access environmental information
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4
Case 1. Mongolian Nature Protection Civil Movement
Coalition
8 inco m ple te re spo nd to 27 re q ue sts fo r info rm atio n unde r the
3 ye ars’ strate g ic litig atio n fo r lo calre side nts ag ainst
Pe tro China Dachin Tam sag o ile xplo ratio n/e xplo itatio n
co m pany avo ide d to pro vide e xact info rm atio n o n Pro ductio n
Sharing Co ntract & its re late d info rm atio n
18 responds to 401 request letters, 4 press conferences to
report the MPs’ votes for environmental laws openly and put it
on the parliamentary websites from MPs, & related officials
(2009-2013) were received but the parliament started to put
the voting results with the list of MPs openly on its website.
However, a legalization is needed to secure its continuous
implementation.
5. Uses of FOI law by public to
access environmental information
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5
Case 2. Mongolian Human Rights and Development NGO
O btaine d a g e o g raphical
cadastre m ap o f Darig ang a
natio nalpro te cte d are a afte r 6
tim e s m e e ting s and clarifying
the
re aso ns. This are a be cam e a
natio nalpro te cte d are a since
1 9 9 3, ho we ve r e xplo ratio n
and
m ining lice nse s we re pro vide d
in
6. Uses of FOI law by public to
access environmental information
05/03/13
6
Case 3. Voice of KhongorNGO
Cre ate d a MULTILATERAL
CO UNSEL, a
m e chanism to
e xchang e info rm atio n and
discussio n and co o pe rate
am o ng the co m m unity m e m be rs, m ining
co m panie s and lo calg o ve rnm e nt to pre ve nt co nflicts
and m isunde rstanding s. By q uarte rly m e e ting , this
co unse l cre ate s a co nfide nce in its m e m be rs and
be co m e s a g re at to o lfo r transpare ncy o f
info rm atio n
7. Uses of FOI law by public to
access environmental information
05/03/13
7
Case 4. United Movement of Mongolian Rivers and
Lakes
“Not allowed to release state/organizational secret” was the
answer to the request for environmental
impact assessment reports of Gutai gold mines of “Aivuuntes” and
“U & B” Co.Ltd operating in Khentii province on March 2, 2012
8. Uses of FOI law by public to
access environmental information
05/03/13
8
Case 5. Transparency Foundation
Norespondto the re q ue st o f budg e t, de taile d
spe nding re po rts fo r 2 0 1 1 and 20 1 2 o f State
Spe cialFunds including the Fund fo r Pro te cting
the Nature unde r the g o ve rnance o f Mo E.
10. Challenges to the proactive release
of information
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10
Currently available information is too general and most
of it is almost useless. Public needs specific facts and
detailed information such as financial reports, lists of
licenses, impact assessment reports, restoration plans
etc.,
Government is reactive (very limited reaction) to FOI
requests rather than being proactive
Lack/needs for intermediary dispute resolving
mechanism
11. Advocacy strategies to improve access and
obstacles to moving forward
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11
Civil society needs to introduce the
government the types of information (plus a
joint concept of CS on this need) they need
Capacity building of government information
release mechanism
Create a dispute solution mechanism
12. Improvements needed
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12
Improve the legal environment for transparency of environmental information by:
Improving the public awareness on currently effective laws & regulations through websites
and environmental database http://geodata.mne-ngic.mn/ ; improve this database by adding
the lists of mining companies by geographical locations, impact assessment reports,
rehabilitation/restoration plans
Improving the related laws and regulations to distinguish the extent of transparency of
information: All types of socio-economic and environmental impact assessment reports need
to be transparent for public
Conducting trainings and advocacies for public awareness and knowledge on environment
and human rights
Developing regulations containing detailed procedures for release of information,
accountability, roles of participants, their responsibilities,
Start with standardizing the limitations of transparency of information
Improving the mechanism for raising public awareness on the contents, consequences of
any proposed decision before its enforcement
Supporting the citizens’ initiatives of ensuring the transparency of information and legalize