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
Энэ бүтээлийг эшлэх загвар
BRENT T. WHITE. "REPORT ON THE STATUS OF COURT REFORM IN MONGOLIA". FOR THE OPEN SOCIETY FORUM SEPTEMBER 18, 2008