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RULE OF LAW PROGRAM
MISSION
To contribute to the development of open society in
Mongolia through strengthening the rule of law, respect
for human rights, and supporting fair and effective
justice reform based on the rule of law that are prerequisite
for open society.
GOAL
- To promote right-based, fair and effective justice
system at policy level through pilot practice of innovative
type model projects
- To support community involvement and cooperation with
state institutions in criminal justice system
- To improve effectiveness and performance enhancement
of law enforcement institutions
HISTORY
Since 1998 Rule of Law Program has supported projects
that bring legal reform and institutional change through
training, legal education and performance enhancement
with close cooperation of the Open Society Institute's
Justice Initiative (former Constitutional and Legal
Policy Institute-COLPI) The Rule of Law program has
been consisted of the following major components in
1999-2002:
· Legal
education
· Judiciary reform
· Support for Police
· Criminal Justice
· Legal aid to citizens
and critical open society sectors
· Capacity for monitoring
and public awareness of corruption
· Human Rights
PAST PROJECTS
Legal
education
- Clinical legal education: MFOS/COLPI supported Law
School of Mongolian State University to introduce a
legal clinic where 3rd and 4th year law students provide
free legal aid to clients, who cannot afford legal assistance,
under the supervision of qualified law professors and
attorneys with the purposes of introducing law students
to the practical aspects and skills of lawyering, providing
legal assistance to those who need but cannot afford
the assistance (e.g., the aged, the disabled, the poor
etc.). Shikhikhutug private law school has been established
legal clinic under the MFOS support. The students at
these law clinics offer free legal aid to any eligible
client on a regular basis in areas of criminal, civil
and administrative laws. Different modality of law clinic
- "Street law type clinic" has been introduced
at the State Pedagogical University which runs "teacher
of social science - law" class to develop students
legal knowledge and skills as they instruct or help
instruct non-lawyers about how the laws affect our daily
lives.
- Law Resource Center: "Legal Resource
Center" has been established together by Ulaanbaatar
Metropolitan Library in 1998 with the purpose of creating
access to the latest legal information and research
materials. Functions of the Center include operation
as a centralized law library for law students and legal
professionals as well as general public. The Legal Resource
Center offers its readers various services, such as
search of legal information from Internet, the copying
and printing of found information, book checkout service.
Every week a course on Internet is being given to interested
readers on how to search for legal information on Internet.
- Textbook development and translation
: Under the MFOS support publications of legal textbooks
on various legal subjects have been developed by Mongolian
authors. Translation of the international legal textbooks
on human rights and international law has been published
and distributed to academic institutions and libraries
free of charge. / Book list/
Judiciary reform
- Training of judges: To meet the need for continuous
training and retraining of Mongolian
judges, upon the request by the Mongolian Government,
the "Judicial Training Center" (JTC) was co-founded
in January 2000 by the Association of Mongolian Judges,
the Association of Mongolian Lawyers and the Association
of Mongolian Advocates. MFOS/COLPI supported the project
financially and technically the judicial corps were
trained and diverse training programs tailored for needs
of specific categories of judges was conducted.
Criminal
Justice
- Penitentiary training; MFOS has supported efforts
of penitentiary organization the Penitentiary Department
to establish training center into long-term, sustainable
training structure for the corrections officers through
trainers' training and curriculum enhancement and development
and distribution of training.
- Pre Trial Detention centers monitoring
project implemented by Center for Human Rights and Development
that reveals facts and findings of human rights abuses
in detention centers and publicized in report form to
public.
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"Human rights in prisons" project to
provide free legal aid and psychological consultancy
to prisoners of juvenile and women's prisons.
Legal
aid to citizens and critical open society sectors
- Legal aid to Media ; Legal aid to media activity has
been supported on the basis of the project competition
to support legal aid to journalists and media organizations.
As a result of the competition the Mongolian Journalists
Union has been awarded for the purposed a set of activities
including a permanent legal aid, legal information service
to journalists free of charge.
Capacity
for monitoring and public education of corruption
- Public education ; In order to increase public awareness
on aspects of corruption the publication of essays and
posters of the public competition run by both MFOS and
Zorig Foundation has been supported according to request
from the Zorig Foundation. The publication contributes
in changing public perceptions and attitudes toward
corruption and in activating them against corruption.
ONGOING PROJECT
-Community service sentencing; In connection with new
Penal Code with provision of the new sentence "community
service" based upon the workshop on the concept
and the practices of the alternative (non-imprisonment)
types of the criminal sentence organized by MFOS, the
Community Service Sentencing pilot project has started
its first year activities. The project aims to change
criminal policy more social and cost effective and promote
community involvement which is conceptually new in Mongolia.
Under the project framework a successful model of community
service sentence will be piloted in the Bayanzurkh district,
further hence the government will carry out a nationwide
replication of a model.
- Access to Justice ; New initiative-
"Access to justice" project to promote right-based
justice reform through a support to create new effective
system and cooperation of state and non-state actors
including legal clinics, human rights NGOs and private
law firms being carried out by MFOS addressing a need
of legal assistance to vulnerable groups of society.
The project aims to improve the scope of legal assistance
provided under legal aid scheme in Mongolia namely adequate
fee structure, budget of a mandatory legal defense system
and quality of legal assistance to indigent.
- Freedom of Information; Considering
media freedom is an integral part of civil society in
monitoring and uncovering corruption, the project "
Right to Know: Access to Information" run by the
Globe International has started to create legal ground
for access to information that provides citizen's access
to government-held information through new legislation
on Freedom of Information and amendments to the existing
laws, raise public awareness and retain the public focus
on their role of controlling and checking government
and promote the public's active participation in generating
social discussions.
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