Background

As Mongolia experiences rapid changes in its economic and social structures, many groups in the society are further marginalized and left behind, in terms of access to justice. Increasing divide in the distribution of wealth between different social groups brought new social challenges, in particular large migration of people from rural to urban settlements.

Poverty brought by these social challenges, - disproportionately affecting women and children – not only reflect lack of income, but also lead to exclusion from employment, medical care, housing, education, and social and political participation.

All in all, benefits of recent economic expansion, social advancement and legal reform do not translate necessarily into fairness and justice for all.

The challenges rests in part on the conception that the majority of poor women and men lack practical awareness on legal safeguards and procedures for obtaining legal aid, and have limited knowledge of their basic human rights. Furthermore, most legal services are concentrated in major cities and lawyers rarely practice in rural areas and in the new urban settlements. Privatization of professional legal services also resulted in increased legal costs and to regional disparities on availability of those services as well.

 Strategy  

The Access to Justice and Human Rights Project is an umbrella programme designed to identify and address human rights concerns of the poor for their improved access to justice. For this a programme approach is adopted to ensure a cross-sectoral process and for dealing with a multitude of issues in a systematic manner.

UN international human rights norms and standards, rights-based approach to development, gender mainstreaming and participatory governance with particular focus on increased access to justice by the poor serve as yardsticks for the implementation of this project.

National ownership and sustainability, as an essential part of the project strategy, shall be ensured through cooperation and partnership within the framework of the MDG-based National Development Strategy, National Legal Aid Programme to the Indigent, National Programme against Domestic Violence, NHRCM Strategic Plan 2006-2011, NHRAP Committee Operational Plan 2006-2008 and other policy documents for improved access to justice by the poor.

The project is well positioned to create strong linkages and synergies to sustain the political will for legal empowerment of both women and men among the poor and disadvantaged, and for coordinating a diverse array of pro-poor interventions manifested in those national programming documents. 

Expected Outcomes

A three-pronged approach, closely mirroring the CPAP, is applied to facilitate effective project implementation, with intended project outcomes to:

• improve the normative protection framework for compliance with international human rights standards;
• advance policy dialogue, institutional structures and integrated processes to strengthen the national human rights system with a gender perspective; and
• support mechanisms in building capacities of both duty bearers and right holders for improved access to justice by poor women and men.

 Planned Activities

The project will support in harmonizing national legislation with the provisions of the UN international human rights treaties, institutionalization of the government treaty reporting process, cooperation with treaty body mechanisms and special procedures, independent monitoring and oversight on the implementation of human rights and application of international human rights standards in the administration of justice are identified in the Country Programme Action Plan (2007-2011) as important areas where capacity development by relevant ministries, justice institutions, civil society and parliamentary bodies are required for strengthening normative protection and improved access to justice, especially for the poor and disadvantaged in their diversity.

Specific project activities will include support in strengthening normative protection, legal empowerment, professional legal assistance and other remedies to the poor and disadvantaged in order to enable them to effectively claim and exercise their rights. 

 Current Progress

• organized study tour for project stakeholders to introduce access to justice concepts;
• initiated a web portal for improved public access to human rights information;     
• supported the establishment of Legal Aid Centers in selected UB districts and Aimags;
• facilitated the production of the NHRCM Annual Human Rights and Freedoms Report;
• assisted in the promotion of public interest litigations in environmental cases.