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Mongolia

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Landlocked and traditionally isolated, Mongolia possesses a great wealth of under-exploited natural resources, including gold, silver and copper, as well as 10% of the world's known coal reserves. Although the country is peaceful and politically stable, corruption, insufficient transparency in government affairs, and an ambiguous foreign investment legal framework have undermined its capacity to fully capitalize on its economic potential.

Pre-Trial: Alternatives to Commercial Litigation

Many national and foreign businesses seeking dispute resolution are still unaware that Mongolia offers faster, more cost-effective options than the courts. To promote these options, IDLO has helped establish Mongolia's first private mediation center and assisted in creating the first Mongolian corps of world-class commercial mediators. Established at the Mongolian National Chamber of Commerce and Industry, with main premises in Ulaanbaatar and a branch office in the second largest city of Darkhan, the center benefits from close proximity to Mongolia's business community.

In Court: The Challenge of Commercial Law

Unless it boosts capacity in commercial law, Mongolia risks discouraging inward investment, not least in the vital mining sector. To avoid this happening, IDLO has been working with Mongolia's Supreme Court and Judicial General Council to improve the courts' ability to apply commercial law.  In particular, we have ensured that 24 Mongolian judges are equipped to train their peers in areas such as mining disputes, intellectual property and competition law.

Post-Trial: Making Court Decisions Stick

Mongolia’s investment climate is chronically undermined by poor enforcement of rulings. In an effort to improve the enforcement rate, IDLO has been helping strengthen the Mongolian General Executive Agency of Court Decisions by  building the capacity of more than 200 bailiffs (12 of them bailiffs-trainers) in areas including sale and seizure of property, mediation and international arbitration, and conflict management.

Judicial Independence in Eastern Europe and Central Asia

The Bishkek Forum, held in the Kyrgyz capital in March 2013, was an international conference organized by IDLO to strengthen the independence of the judiciary and improve the administration of justice across much of the former Soviet space. The Forum drew chief justices from host nation Kyrgyzstan, neighbors Kazakhstan and Tajikistan, as well as regional superpower Russia, Georgia and Ukraine to discuss the effective and transparent management of courts.

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Key Initiatives

  • Mongolia's justice system has seen progress in recent years, yet the need for greater judicial transparency, including through improved media coverage of court proceedings, remains. IDLO, with support from the European Union, is working with the Government of Mongolia to tackle the issue through the project "Judicial Engagement and Transparency."
  • Alternative dispute resolution (ADR) is an efficient and effective tool for settling disputes outside a courtroom. In Mongolia, where the growth of private sector activities has been accompanied by a rise in civil and commercial cases, ADR practices, such as mediation, are becoming increasingly popular.
  • The continued challenges Mongolia faces in implementing its anti-corruption reforms demonstrate a clear need for improvement in the immediate detection of corruption cases and stronger international cooperation and mutual legal assistance in corruption-related criminal matters.
  • Funded by the Delegation of the European Union to Mongolia, the “Child Protection Enhancement Project” (CPEP) builds on the results of its first phase of COVID-19 response programming addressing child access to justice in Mongolia. CPEP works to enhance the child protection system and support Mongolian children by building the technical and professional skills of Legal Committees for Child Rights (LCCRs) through mentorship and advanced training.
  • The COVID-19 pandemic and efforts to contain it have had severe and long-lasting impacts on Mongolia. Though prevention and containment measures have successfully prevented a large-scale health crisis, extended lockdowns have negatively affected children’s access to education, psychological and physical wellbeing and reduced the capacity of the Mongolian justice system to respond to crimes against children.
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