Exploring the current state of civic space and identifying its need for a favorable legal environment study
ҮнэгүйA pressing need arose to present a realistic picture of the strength, scope and diversity of Mongolia’s civil society, to identify institutional and operational characteristics and developmental challenges of the NGOs as well as to clarify the overall situation of the sector. To this end, a study “Exploring the Current State of Civic Space and Its Need for a Favorable Legal Environment” was initiated by the Civil Society Consortium and made possible with kind support from Mongolia’s Open Society Forum and the regional Asian Forum for Human Rights and Development (Forum-Asia).
Судалгааны мэдээлэл
- Ангилал:Хөдөлмөр эрхлэлт
- Хамрах хүрээ:683 NGOs of Ulaanbaatar city and 21 aimags.
- Нийтлэгдсэн он:2021
- Хуудасны тоо:99
- Түлхүүр үг:NGOs Civic space Social study
- Үзсэн:861
Судалгааны агуулга
The purpose of this study is to provide factual and analytical information on advocacy activities related to the improvement of the legal environment of non-governmental organizations.
Objectives:
• Explore the current state of civil space of Mongolia
• Produce the operational and stakeholder mapping of civil society organizations
• Review the impact assessment of operations as well as financial sources of civil society organizations
Objectives:
• Explore the current state of civil space of Mongolia
• Produce the operational and stakeholder mapping of civil society organizations
• Review the impact assessment of operations as well as financial sources of civil society organizations
To promote a better regulatory framework for NGOs and a favorable environment for the development of civil society, the Consortium, represents Mongolia’s civil society, has organized a round of discussions on the draft Law on Not-for-Profit Legal Entity (LNPLE) involving civil society organizations (CSO) between June 2019 and June 2020; and has been working to update a draft “Government and Civil Society Partnership Strategy of Mongolia” as well as to develop and advocate its own version of the draft LNPLE.
In this context, a pressing need arose to present a realistic picture of the strength, scope and diversity of Mongolia’s civil society, to identify institutional and operational characteristics and developmental challenges of the NGOs as well as to clarify the overall situation of the sector. To this end, a study “Exploring the Current State of Civic Space and Its Need for a Favorable Legal Environment” was initiated by the Civil Society Consortium and made possible with kind support from Mongolia’s Open Society Forum and the regional Asian Forum for Human Rights and Development (Forum-Asia).
This study thus sought to map out NGO activities and stakeholder partnerships as well as to appraise the effectiveness of NGO performance and the current state of civic space in Mongolia apart from its main objective of providing factual and analytical information for advocacy work aimed at promoting the betterment of the legal and operational environments for civil-society organizations.
For this study, quantitative data were collected from a sample of 683 active NGOs, and further enriched with qualitative data derived from focus group discussions and individual interviews with stakeholders, including NGOs and representatives of government, bilateral and multilateral organizations as well as the media. Furthermore, an extensive desk review of the related research literature and legal and policy documents was undertaken to consolidate and validate the information reflecting multi-stakeholder positions.
Although thematic studies on democracy, civil society and NGO activities have been conducted in the past, in-depth research into the citizens’ rights to association and expression as well as sector-wide analysis of CSO activities, their institutional and operational specifics, and contribution to development are still lacking. It is expected that this study will fill this gap and serve as a basal document that provides useful information for the improvement of the legal environment for NGOs and evidence for the government to determine policies concerning Mongolia’s civil society.
In this context, a pressing need arose to present a realistic picture of the strength, scope and diversity of Mongolia’s civil society, to identify institutional and operational characteristics and developmental challenges of the NGOs as well as to clarify the overall situation of the sector. To this end, a study “Exploring the Current State of Civic Space and Its Need for a Favorable Legal Environment” was initiated by the Civil Society Consortium and made possible with kind support from Mongolia’s Open Society Forum and the regional Asian Forum for Human Rights and Development (Forum-Asia).
This study thus sought to map out NGO activities and stakeholder partnerships as well as to appraise the effectiveness of NGO performance and the current state of civic space in Mongolia apart from its main objective of providing factual and analytical information for advocacy work aimed at promoting the betterment of the legal and operational environments for civil-society organizations.
For this study, quantitative data were collected from a sample of 683 active NGOs, and further enriched with qualitative data derived from focus group discussions and individual interviews with stakeholders, including NGOs and representatives of government, bilateral and multilateral organizations as well as the media. Furthermore, an extensive desk review of the related research literature and legal and policy documents was undertaken to consolidate and validate the information reflecting multi-stakeholder positions.
Although thematic studies on democracy, civil society and NGO activities have been conducted in the past, in-depth research into the citizens’ rights to association and expression as well as sector-wide analysis of CSO activities, their institutional and operational specifics, and contribution to development are still lacking. It is expected that this study will fill this gap and serve as a basal document that provides useful information for the improvement of the legal environment for NGOs and evidence for the government to determine policies concerning Mongolia’s civil society.
- Research methodology
- Research result
- Research details
- Conclusion
Table 1. Definitions of the NGO 9
Table 2. Number of NGOs, by economic sector activities 15
Table 3. Types of activities, by administrative levels 17
Table 4. NGO expenses, by location and by percentage 31
Table 5. Income sources, by location and percentage 32
Table 6. Income sources, by organizational type and percentage 33
Table 7. Availability of a contingency fund, by operational type and by percentage 34
Table 8. Average amount of taxes paid in 2019, by organizational type, MNT 36
Table 9. Average amount of taxes paid in 2019, by location, MNT 36
Table 10. Average amount of social security payments in 2019, by organizational type, MNT 36
Table 11. Types of taxes subject to deduction and exemption, by location, MNT 36
Table 12. Types and average amount of taxes subject to deduction and exemption, by organizational type, MNT 36
Table 13. NGO cooperation and partnerships, by percentage 38
Table 14. Average rating of government support and assistance, (on a scale of 1-5) 41
Table 15. NGO target groups, by activity type (Multiple choice response) 46
Table 16. Impact, by location 47
Table 17. NGO assessment of the fulfillment of basic civil rights and freedoms 55
Table 18. Rights and freedoms of CSOs, by type 56
Table 19. Types of challenges in regards to the right of association and establish an organization, by target group and percentage 61
Table 20. Impact of age, gender, education and employment on the evaluation of the benefits of NGO activities in society and citizens 64
Table 21. Role of non-governmental organization in society, by percentage 67
Table 22. Research subjects and terminology 78
Table 23. Sample estimation 79
Table 24. Sample distribution and coverage 79
Table 25. Agenda, Discussion 95
Table 26. NGO mapping 95
Table 27. Operational mapping 95
Table 28. Stakeholder mapping 96
Table 29. Impact assessment 96
Table 30. Source 96
Table 31. Governance 97
Table 32. Favorable and safe space/ Civil space 97
Table 33. NGO mapping 97
Table 34. Operational mapping 98
Table 35. Stakeholder mapping 98
Table 36. Impact assessment 98
Table 37. Source 98
Table 38. Governance 98
Table 39. Favorable, safe civil space 99
Table 2. Number of NGOs, by economic sector activities 15
Table 3. Types of activities, by administrative levels 17
Table 4. NGO expenses, by location and by percentage 31
Table 5. Income sources, by location and percentage 32
Table 6. Income sources, by organizational type and percentage 33
Table 7. Availability of a contingency fund, by operational type and by percentage 34
Table 8. Average amount of taxes paid in 2019, by organizational type, MNT 36
Table 9. Average amount of taxes paid in 2019, by location, MNT 36
Table 10. Average amount of social security payments in 2019, by organizational type, MNT 36
Table 11. Types of taxes subject to deduction and exemption, by location, MNT 36
Table 12. Types and average amount of taxes subject to deduction and exemption, by organizational type, MNT 36
Table 13. NGO cooperation and partnerships, by percentage 38
Table 14. Average rating of government support and assistance, (on a scale of 1-5) 41
Table 15. NGO target groups, by activity type (Multiple choice response) 46
Table 16. Impact, by location 47
Table 17. NGO assessment of the fulfillment of basic civil rights and freedoms 55
Table 18. Rights and freedoms of CSOs, by type 56
Table 19. Types of challenges in regards to the right of association and establish an organization, by target group and percentage 61
Table 20. Impact of age, gender, education and employment on the evaluation of the benefits of NGO activities in society and citizens 64
Table 21. Role of non-governmental organization in society, by percentage 67
Table 22. Research subjects and terminology 78
Table 23. Sample estimation 79
Table 24. Sample distribution and coverage 79
Table 25. Agenda, Discussion 95
Table 26. NGO mapping 95
Table 27. Operational mapping 95
Table 28. Stakeholder mapping 96
Table 29. Impact assessment 96
Table 30. Source 96
Table 31. Governance 97
Table 32. Favorable and safe space/ Civil space 97
Table 33. NGO mapping 97
Table 34. Operational mapping 98
Table 35. Stakeholder mapping 98
Table 36. Impact assessment 98
Table 37. Source 98
Table 38. Governance 98
Table 39. Favorable, safe civil space 99
Figure 1.Recipients of NGO reports 37
Figure 2. Substance of references to the"non-governmental organization" in normative documents in the Integrated Legal Information System, by percentage 39
Figure 3. Research methodology 78
Figure 4. Model diagram using search keyword for a qualitative research 81
Figure 5. Software usage, quantitative research 81
Graph 1. Number of registered NGOs 12
Graph 2. Share of NGOs, enterprises and budgetary organizations 12
Graph 3. Organizations by type of services, types of registration and percentage 13
Graph 4. Areas of NGO activities (according to COPNI 2019) 16
Graph 5. Challenges, by percentage 18
Graph 6. Operational challenges, by location 18
Graph 7. Operational challenges, by organizational type 19
Graph 8. Founder and executive office, by percentage 22
Graph 9. Number of board members 23
Graph 10. Board composition, by gender 23
Graph 11. Age structure of board members, by percentage 23
Graph 12. Frequency of board meetings, by percentage 24
Graph 13. Approved rules and regulations, by percentage 24
Graph 14. Auditing, by types 25
Graph 15. Age structure of NGO members, by percentage 25
Graph 16. Executive staff members, by employment type 26
Graph 17. Financial officers, by employment type 26
Graph 18. Temporary and contract staff, by type 26
Graph 19. Volunteers, by employment type 27
Graph 20. Level of independence of NGO activities from political, religious and economic groups 27
Graph 21. Appropriateness of the presence of government officials on the Governing Board, by percentage 28
Graph 22. Unofficial costs of NGO participation in projects or public procurement , by percentage 28
Graph 23. Office types, by location and percentage 29
Graph 24. Average amount of income, expenditure and fixed assets for the last three years, by location and by percentage 30
Graph 25. Income and expenditure in the last three years, by membership type and percentage 30
Graph 26. NGO expenses, by percentage 31
Graph 27. Types of expenditure for the last three years, by membership and percentage 31
Graph 28. Source of income, by percentage 32
Graph 29. Contingency Funds, by location and number 34
Graph 30. Availability of a contingency fund, by organizational type and percentage 34
Graph 31. Total amount of taxes paid in 2019, by location, MNT 35
Graph 32. Financial statements for the last three years, by location and percentage 37
Graph 33. Reasons for not submitting X report to government agencies, by percentage 37
Graph 34. Financial statements for the last three years, by percentage 38
Graph 35. Challenges in cooperation, by percentage 42
Graph 36. Challenges in cooperation, by operational type 43
Graph 37. Measures to overcome the challenges in cooperation 44
Graph 38. Reasons for inaction, by percentage 44
Graph 39. Reasons for inaction, by location and percentage 44
Graph 40. CSO operational areas aimed at target groups, by percentage 46
Graph 41. Number of amendments incorporated into and approved by local and national policy documents and legislative acts, by operational area 47
Graph 42. Number of people involved in NGO activities and services, by operational 48
Graph 43. Cases filed on behalf of public interest, by operational area 48
Graph 44. Number of surveys conducted, by operational area 48
Graph 45. Number of printed books, brochures and manuals, by operational area 49
Graph 46. As an environmental organization, territory, river, biological and animal species covered under operation, by operational area 49
Graph 47. Other activities that changed, by operational area 49
Graph 48. Incorporation of amendments into legislative acts, policy and programs, by location and percentage 50
Graph 49. Operational areas, other 50
Graph 50. Incorporation of amendments into legislation, policy or programs, by percentage 51
Graph 51. Changes brought into public service delivery, by percentage 51
Graph 52. Changes introduced in the transparency, accountability and fight against corruption in government agencies, by percentage 52
Graph 53. Changes in the citizen or public participation, by percentage 52
Graph 54. Changes in the regularity of the individual, environment and flora and fauna, by percentage 52
Graph 55. Impactful and gratifying examples of the organization, by percentage 53
Graph 56. Protection of rights of marginalized groups, by location and percentage 56
Graph 57. Use of Law on Information Transparency and Right to Information, by location and by percentage 57
Graph 58. Reasons for the inaccessibility to information, by location and number 57
Graph 59. Reasons for the inaccessibility to information, by organizational type and percentage 58
Graph 60. Challenges your organization or employee faces when criticizing government decisions, actions, laws and policies, by percentage 58
Graph 61. Any restrictions on expressing an opinion on the Internet, by percentage 58
Graph 62. Challenges associated with using media for work, by organizational type and number 59
Graph 63. Challenges associated with using media for work, by location 59
Graph 64. Challenges associated with using media for work, by number 60
Graph 65. Obstruction to the right of association and establish an organization, by percentage 60
Graph 66. Types of challenges in regards to the right of association and establish an organization, by location and by percentage 61
Graph 67. Announcement of public action, by percentage 62
Graph 68. Challenges in regards to the protection of rule of law or human rights, by percentage 62
Graph 69. Challenges in regards to the protection of rule of law or human rights, by percentage 63
Graph 70. Government pressure, by percentage 63
Graph 71. Judicial proceeding, by percentage 63
Graph 72. Issue resolved following a judicial proceeding, by percentage 64
Graph 73. Citizen perception toward reasons for NGO establishment 65
Graph 74. Reasons citizens establish NGO, by gender 65
Graph 75. Reasons citizens establish NGO, by age 65
Graph 76. NGO activities, perceived by the citizens 66
Graph 77. NGO funding, perceived by the participants 66
Graph 78. Capacity to influence the government on social issues, by percentage 66
Graph 79. Capacity to influence the government on social issues, by percentage 67
Figure 2. Substance of references to the"non-governmental organization" in normative documents in the Integrated Legal Information System, by percentage 39
Figure 3. Research methodology 78
Figure 4. Model diagram using search keyword for a qualitative research 81
Figure 5. Software usage, quantitative research 81
Graph 1. Number of registered NGOs 12
Graph 2. Share of NGOs, enterprises and budgetary organizations 12
Graph 3. Organizations by type of services, types of registration and percentage 13
Graph 4. Areas of NGO activities (according to COPNI 2019) 16
Graph 5. Challenges, by percentage 18
Graph 6. Operational challenges, by location 18
Graph 7. Operational challenges, by organizational type 19
Graph 8. Founder and executive office, by percentage 22
Graph 9. Number of board members 23
Graph 10. Board composition, by gender 23
Graph 11. Age structure of board members, by percentage 23
Graph 12. Frequency of board meetings, by percentage 24
Graph 13. Approved rules and regulations, by percentage 24
Graph 14. Auditing, by types 25
Graph 15. Age structure of NGO members, by percentage 25
Graph 16. Executive staff members, by employment type 26
Graph 17. Financial officers, by employment type 26
Graph 18. Temporary and contract staff, by type 26
Graph 19. Volunteers, by employment type 27
Graph 20. Level of independence of NGO activities from political, religious and economic groups 27
Graph 21. Appropriateness of the presence of government officials on the Governing Board, by percentage 28
Graph 22. Unofficial costs of NGO participation in projects or public procurement , by percentage 28
Graph 23. Office types, by location and percentage 29
Graph 24. Average amount of income, expenditure and fixed assets for the last three years, by location and by percentage 30
Graph 25. Income and expenditure in the last three years, by membership type and percentage 30
Graph 26. NGO expenses, by percentage 31
Graph 27. Types of expenditure for the last three years, by membership and percentage 31
Graph 28. Source of income, by percentage 32
Graph 29. Contingency Funds, by location and number 34
Graph 30. Availability of a contingency fund, by organizational type and percentage 34
Graph 31. Total amount of taxes paid in 2019, by location, MNT 35
Graph 32. Financial statements for the last three years, by location and percentage 37
Graph 33. Reasons for not submitting X report to government agencies, by percentage 37
Graph 34. Financial statements for the last three years, by percentage 38
Graph 35. Challenges in cooperation, by percentage 42
Graph 36. Challenges in cooperation, by operational type 43
Graph 37. Measures to overcome the challenges in cooperation 44
Graph 38. Reasons for inaction, by percentage 44
Graph 39. Reasons for inaction, by location and percentage 44
Graph 40. CSO operational areas aimed at target groups, by percentage 46
Graph 41. Number of amendments incorporated into and approved by local and national policy documents and legislative acts, by operational area 47
Graph 42. Number of people involved in NGO activities and services, by operational 48
Graph 43. Cases filed on behalf of public interest, by operational area 48
Graph 44. Number of surveys conducted, by operational area 48
Graph 45. Number of printed books, brochures and manuals, by operational area 49
Graph 46. As an environmental organization, territory, river, biological and animal species covered under operation, by operational area 49
Graph 47. Other activities that changed, by operational area 49
Graph 48. Incorporation of amendments into legislative acts, policy and programs, by location and percentage 50
Graph 49. Operational areas, other 50
Graph 50. Incorporation of amendments into legislation, policy or programs, by percentage 51
Graph 51. Changes brought into public service delivery, by percentage 51
Graph 52. Changes introduced in the transparency, accountability and fight against corruption in government agencies, by percentage 52
Graph 53. Changes in the citizen or public participation, by percentage 52
Graph 54. Changes in the regularity of the individual, environment and flora and fauna, by percentage 52
Graph 55. Impactful and gratifying examples of the organization, by percentage 53
Graph 56. Protection of rights of marginalized groups, by location and percentage 56
Graph 57. Use of Law on Information Transparency and Right to Information, by location and by percentage 57
Graph 58. Reasons for the inaccessibility to information, by location and number 57
Graph 59. Reasons for the inaccessibility to information, by organizational type and percentage 58
Graph 60. Challenges your organization or employee faces when criticizing government decisions, actions, laws and policies, by percentage 58
Graph 61. Any restrictions on expressing an opinion on the Internet, by percentage 58
Graph 62. Challenges associated with using media for work, by organizational type and number 59
Graph 63. Challenges associated with using media for work, by location 59
Graph 64. Challenges associated with using media for work, by number 60
Graph 65. Obstruction to the right of association and establish an organization, by percentage 60
Graph 66. Types of challenges in regards to the right of association and establish an organization, by location and by percentage 61
Graph 67. Announcement of public action, by percentage 62
Graph 68. Challenges in regards to the protection of rule of law or human rights, by percentage 62
Graph 69. Challenges in regards to the protection of rule of law or human rights, by percentage 63
Graph 70. Government pressure, by percentage 63
Graph 71. Judicial proceeding, by percentage 63
Graph 72. Issue resolved following a judicial proceeding, by percentage 64
Graph 73. Citizen perception toward reasons for NGO establishment 65
Graph 74. Reasons citizens establish NGO, by gender 65
Graph 75. Reasons citizens establish NGO, by age 65
Graph 76. NGO activities, perceived by the citizens 66
Graph 77. NGO funding, perceived by the participants 66
Graph 78. Capacity to influence the government on social issues, by percentage 66
Graph 79. Capacity to influence the government on social issues, by percentage 67
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