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Mongolia
2016
EOM
Parliamentary
elections
To ensure a coherent electoral legal framework and to contribute to its consistent application, the law could be revised to authorize the GEC to adopt regulations it deems necessary to supplement the electoral legislation.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2024
Final report heading:
Legal Framework and Electoral System
Mongolia
2016
EOM
Parliamentary
elections
The GEC should be required by the LoE to issue regulations addressing gaps in the electoral process within a reasonable timeframe, to enable the information to be conveyed to lower-level commissions promptly and to allow for the conduct of corresponding training.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2024
Final report heading:
Election Administration
Mongolia
2016
EOM
Parliamentary
elections
The law should allow polling officials and police to transfer their vote to polling stations where they are deployed, including within their aimag of residence.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2024
Final report heading:
Voter Registration
Mongolia
2016
EOM
Parliamentary
elections
To protect the right to be elected and to ensure proportionality, the LoE should be amended to ensure candidates are not deregistered for minor campaign violations. In conformity with OSCE Commitments, considerations should be given to removing provisions that prevent candidates who obtained the necessary number of votes to be duly installed in office.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2024
Final report heading:
Candidate Registration
Mongolia
2016
EOM
Parliamentary
elections
To prevent possible disenfranchisement, the LoE should not permit candidate deregistration after polling has started and should require the general notification of any candidate deregistration that occurs after ballots are printed.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2024
Final report heading:
Candidate Registration
Mongolia
2016
EOM
Parliamentary
elections
Considerations should be given to establish clear and detailed provisions for the collection and tallying of results well before elections and systematically implemented at all levels of the election administration.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2024
Final report heading:
Election Day
Mongolia
2017
LEOM
Presidential
To ensure a consistent application of electoral legislation across all levels of election administration, the law should provide the GEC with broader authority to issue regulations. The Supreme Court should consider exercising the powers granted to it by the Constitution, by providing interpretations of legal provision upon requests from the GEC.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2024
Final report heading:
Legal Framework
Mongolia
2017
LEOM
Presidential
The GEC could undertake additional voter information efforts, including to further the public’s understanding on the use of new voting technologies and electoral procedures.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Information and Communication Technologies (ICT)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Fully
Year of assessment:
2024
Final report heading:
Election Administration
Mongolia
2016
EOM
Parliamentary
elections
Any fundamental amendments to the election legislation should be made through an inclusive process and adopted well ahead of an election, to enhance stability and public confidence in the electoral process.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2024
Final report heading:
Legal Framework and Electoral System
Mongolia
2016
EOM
Parliamentary
elections
The Supreme Court should resume exercising its constitutional mandate to issue legally binding interpretations of the legislation at the request of the GEC. To facilitate the Supreme Court’s work, considerations could be given to amending the Law of Courts in line with the Court’s recommendations.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2024
Final report heading:
Legal Framework and Electoral System
Mongolia
2016
EOM
Parliamentary
elections
Consideration could be given to establishing public, inclusive and transparent appointment and removal mechanisms for members of election commissions at all levels.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2024
Final report heading:
Election Administration
Mongolia
2016
EOM
Parliamentary
elections
Further steps should be taken to guarantee the secrecy of the vote during the casting of the ballot.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Mostly
Year of assessment:
2024
Final report heading:
Election Day
Mongolia
2017
LEOM
Presidential
To reduce perceptions of bias in the election administration, there should be well-defined and transparent criteria for the appointment of lower-level election officials.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2024
Final report heading:
Election Administration
Mongolia
2017
LEOM
Presidential
The electoral legislation should be revised to eliminate inconsistencies, conflicting legal provisions and omissions, including with regard to a potential second round of a presidential election.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Legal Framework
Mongolia
2017
LEOM
Presidential
Undue restrictions on the right to stand for office should be removed, including the prohibition on independent candidates and those from non-parliamentary parties. The residency requirements could also be reconsidered.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Candidate Registration
Mongolia
2017
LEOM
Presidential
Authorities could consider introducing requirements for parties and candidates to disclose campaign income and expenditure estimates before the end of the election campaign and to publish such reports online.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Campaign Finance
Mongolia
2017
LEOM
Presidential
Deadlines to resolve electoral disputes should be reasonable and aligned with the election calendar.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Complaints and Appeals
Mongolia
2017
LEOM
Presidential
Given the technologies used in maintaining the voter registry, the transfer process could be simplified for voters. Restrictions on transfers within an aimag could be reconsidered for presidential elections.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Voter Registration
Mongolia
2017
LEOM
Presidential
The period for candidate nomination should be extended and concluded earlier in the election calendar to allow time sufficient for registration, review and, possible appeals.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Candidate Registration
Mongolia
2017
LEOM
Presidential
To improve transparency and the possibility for public scrutiny, candidates’ assets and tax declarations should be published to allow sufficient time for review and address possible complaints.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Candidate Registration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Campaign Finance
Mongolia
2017
LEOM
Presidential
The SAO should be given sufficient means to carry out regular and effective reviews of campaign expenditures during and after the campaign. Detailed SAO interim and final reports of audits could be made public, including online. The SAO’s mandate could be further strengthened with increased sanctioning authority for campaign finance violations.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Campaign Finance
Mongolia
2021
SEAM
Presidential
Undue restrictions on the right to stand, including on the basis of disability, residency or descent, should be revised in line with international standards.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Mongolia
2021
SEAM
Presidential
The law should be revised to provide for the possibility of independent candidates and for nominations from non-parliamentary parties.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Mongolia
2021
SEAM
Presidential
To enhance transparency and accountability, contestants’ campaign finance reports and the State Audit Office’s assessments should be posted online for public scrutiny. In addition, a requirement for the disclosure of contestants’ income prior to election day, such as through the publication of interim financial reports, should be introduced to enhance voters’ ability to make an informed choice.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Mongolia
2021
SEAM
Presidential
Timelines for complaints and appeals should be shortened and judicial procedures streamlined in order to align them with the electoral calendar and to allow effective and timely redress of election disputes. Relevant provisions should also clearly specify who has legal standing and the relevant procedures for filing and adjudication.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Mongolia
2021
SEAM
Presidential
Consideration could be given to reconsidering the provision in the Law on Presidential Elections for additional polling in order to address its potential to undermine the equality and secrecy of the vote, as well as its openness to manipulation.
Recommendation # in final report:
8
Type of recommendation:
Other
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Mongolia
2021
SEAM
Presidential
The procedure for temporary transfer of voter registration could be simplified to facilitate the exercise of voting rights of citizens away from their place of voting.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Mongolia
2021
SEAM
Presidential
The nomination period of candidates should be extended and concluded earlier in the election calendar to allow sufficient time for the GEC to register candidates and any court appeals to be finalized.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Mongolia
2021
SEAM
Presidential
The requirement for candidates’ electoral platforms to be confirmed by the State Audit Office for their adherence to specific policy-based requirements should be repealed.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Mongolia
2021
SEAM
Presidential
The State Audit Office should be provided sufficient resources to conduct effective monitoring of campaign financing, including field data collection of candidates’ expenditures.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Mongolia
2021
SEAM
Presidential
A fully functional and streamlined framework for effective, dissuasive and proportionate sanctions for campaign finance violations should be devised.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Mongolia
2021
SEAM
Presidential
A comprehensive system for challenging election results should be enacted, specifying the relevant timelines and procedures, standing for filing, and the criteria for the evaluation of the challenge.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Mongolia
2024
EOM
Parliamentary
elections
To avoid legal and procedural uncertainties, clear procedures for the conduct of manual counting should be developed, outlining the necessary steps to be performed. Additionally, the law should contain provisions addressing potential discrepancies between the electronic and manual vote counts.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Information and Communication Technologies (ICT)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voting Technologies
Mongolia
2024
EOM
Parliamentary
elections
All restrictions on voting rights on the basis of intellectual disability should be removed, and the blanket deprivation of voting rights of citizens serving prison sentences should be revised in line with international obligations.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Mongolia
2024
EOM
Parliamentary
elections
The law should clearly define and prohibit the use of administrative resources and the pressure on public employees for campaigning and provide for a clear separation between the official responsibilities of public officials and their canvassing activities. Authorities should take proactive steps to prevent and address any misuse or related violations.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
Mongolia
2024
EOM
Parliamentary
elections
To enhance transparency and ensure accountability, the campaign finance framework should be strengthened, and a mechanism for comprehensive and proportionate sanctions for campaign finance violations should be established and enforced.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Mongolia
2024
EOM
Parliamentary
elections
Criminal provisions related to the dissemination of false information, including those explicitly targeting elections, should be repealed. Disproportionate sanctions for libel that may unduly restrict freedom of expression should be revised.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Mongolia
2024
EOM
Parliamentary
elections
To ensure a timely and effective legal remedy, the legislation should be amended to establish deadlines for the resolution of electoral disputes that are both reasonable and aligned with the election calendar.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Mongolia
2024
EOM
Parliamentary
elections
Disputes regarding election results should be resolved in a timely manner. To ensure legal certainty, relevant disputes must be adjudicated before the General Election Commission submits results to the parliament and before the elected members are sworn in.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Mongolia
2024
EOM
Parliamentary
elections
To effectively guarantee the freedom of association, political pluralism and autonomy of political parties, legislation should be amended to remove unnecessary restrictions on party membership and internal organization of the parties.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Mongolia
2024
EOM
Parliamentary
elections
To strengthen the right to effective legal redress, consideration should be given to amending the legislation to allow for a legal remedy in cases of party registration denial.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Mongolia
2024
EOM
Parliamentary
elections
As previously recommended, the law should establish a reasonable, legally binding maximum deviation from the average number of voters per electoral district, aimed at achieving equality of the vote, with due consideration given to preserving community boundaries.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Electoral System
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Mongolia
2024
EOM
Parliamentary
elections
To enhance transparency and access to information of public interest, election commissions at all levels should hold open meetings with sufficient public notice and agendas, decisions, and minutes published in a timely and consistent manner.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Mongolia
2024
EOM
Parliamentary
elections
To increase confidence in the use of election technologies in the vote count, the possibility for independent verification and audit of the equipment and software should be clearly defined in the law.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Information and Communication Technologies (ICT)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voting Technologies
Mongolia
2024
EOM
Parliamentary
elections
To increase the transparency of the voter registration process and trust in the accuracy of the voter register, the General Authority for State Registration could consider publishing more data on re-registrations, broken down by localities, rather than summarising only per region.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Mongolia
2024
EOM
Parliamentary
elections
As previously recommended, the law should be amended to repeal disqualification to stand on the basis of overdue debts and taxes, and a criminal record. Public employees wishing to run for office should not be required to resign from their posts until the start of the candidate registration period.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Mongolia
2024
EOM
Parliamentary
elections
To ensure that political plurality is exercised without unnecessary restrictions, and in line with international standards, the requirement for contestants’ electoral platforms to adhere to specific policy-based criteria should be reconsidered.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Mongolia
2024
EOM
Parliamentary
elections
The law should be amended to establish a less restrictive framework for conducting campaign activities and to provide all electoral contestants with equal conditions for campaigning in both the pre-electoral and the official campaign period.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election campaign
Mongolia
2024
EOM
Parliamentary
elections
The State Audit Office should fully exercise its mandate established by the law and conduct meaningful monitoring of campaign funding and spending, including utilizing its regional offices to collect data.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign finance
Mongolia
2024
EOM
Parliamentary
elections
The authorities and other election stakeholders should enhance public awareness to address concerns about strategic lawsuits aimed at preventing and intimidating critical media from participating in public discourse.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
Mongolia
2024
EOM
Parliamentary
elections
The law could be amended to remove the overall ceiling on news coverage related to contestants. Public broadcasters’ campaign programming should aim to provide diverse and innovative formats that ensure compliance with legal requirements for equal access while at the same time offering voters informative coverage.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Mongolia
2024
EOM
Parliamentary
elections
Consideration should be given to consolidating media oversight and the handling of media-related complaints under a single, independent regulatory body equipped with transparent methodologies and sufficient resources to ensure timely and effective enforcement of legal requirements for impartial coverage.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Mongolia
2024
EOM
Parliamentary
elections
Consideration should be given to strengthening the independence of the public broadcaster to prevent political favouritism, with an aim to ensure an impartial and diverse editorial line, as well as accurate and unbiased reporting.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
Mongolia
2024
EOM
Parliamentary
elections
To facilitate unimpeded access and reduce organizational challenges for citizen observer groups, the election authorities could consider removing the requirement to register for each polling station separately.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Observation
Mongolia
2024
EOM
Parliamentary
elections
The authorities could consider restricting police presence inside polling stations, allowing entry only when invited by the PEC during an incident. At a minimum, a code of conduct to specify the roles and responsibilities of police officers at polling stations should be developed to ensure the role of police is fulfilled effectively and without a potential for interference.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election day
Mongolia
2024
EOM
Parliamentary
elections
To ensure transparency, the General Election Commission should be required by law to promptly publish both preliminary and final results, disaggregated by polling station, on its website. For meaningful scrutiny of the election results, the published results should include all relevant information, including the number of registered voters, votes cast for each candidate, blank votes, and the number of received and spoiled ballots.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election day
Mongolia
2016
EOM
Parliamentary
elections
The LoE should be amended to require that the demarcation of boundaries is undertaken well in advance of an election and should establish a reasonable, legally binding maximum deviation from the national average number of voters per constituency, aimed at achieving equality of the vote, with due consideration given to preserving community boundaries.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Boundary Delimitation
Mongolia
2016
EOM
Parliamentary
elections
Steps should be taken to differentiate between the state administration and political campaigning. Political appointees should be obliged by law to maintain a strict separation between their administrative responsibilities and campaigning and an effective sanctioning mechanism against the misuse of administrative resources should be established.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Campaign Environment
Mongolia
2016
EOM
Parliamentary
elections
A single independent supervisory body should be responsible for ensuring the observance of all media regulations during an election and handle all media-related complaints to avoid overlapping jurisdiction and ensure timely and effective remedies.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Mongolia
2016
EOM
Parliamentary
elections
The LoE should establish a post-election complaints framework, reasonable deadlines for the resolution of petitions challenging results, and ensure that the finalization of election results is harmonized with deadlines for handling post-election complaints and appeals.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Post-Election Day Developments
Mongolia
2016
EOM
Parliamentary
elections
The source code for electronic vote count equipment should be available by law and in practice for third-party verification, and the results of the verification should be made public to increase the voters’ confidence in the electronic vote count machines.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Information and Communication Technologies (ICT)
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Election Administration
Mongolia
2016
EOM
Parliamentary
elections
The LoE should be amended to ensure that the restriction on prisoners’ right to vote is proportionate to the severity of the crime committed. The restriction of voting rights of persons without full legal capacity should be based on a court decision expressly revoking the right to vote.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Voter Registration
Mongolia
2016
EOM
Parliamentary
elections
The deadline for the nomination of candidates should be brought closer to the date of the announcement of elections to ensure sufficient time for the GEC to register candidates and any court appeals to be finalized.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Candidate Registration
Mongolia
2016
EOM
Parliamentary
elections
The LoE should be amended to establish a less restrictive framework for conducting campaign activities and to provide all electoral contestants with equal conditions for campaigning.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Campaign Environment
Mongolia
2016
EOM
Parliamentary
elections
The SAO should be given sufficient authority and resources to conduct effective campaign finance monitoring and audits, including the power to compel applicable institutions promptly to disclose relevant financial information upon request. Clear auditing criteria should be developed and the SAO granted power to impose proportionate and dissuasive sanctions.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Campaign Finance
Mongolia
2016
EOM
Parliamentary
elections
Criminal defamation provisions protecting the reputation of politicians during elections, as well as on libel and the dissemination of false information during elections, should be repealed.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Mongolia
2016
EOM
Parliamentary
elections
The media supervisory body should be given the capacity and resources to monitor violations of the LoE regarding hidden advertisements in news reports.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Mongolia
2016
EOM
Parliamentary
elections
Restrictive provisions on news and debates could be revised to guarantee a higher degree of editorial freedom. To enable voters to benefit from independent reporting, consideration could be given to limiting the amount of direct access to programmes, over which the media do not exercise editorial control.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Mongolia
2016
EOM
Parliamentary
elections
The GEC should establish a standard operating procedure for handling complaints by all commissions, which should be adjudicated in open sessions and reasoned decisions for each case should be immediately published. The GEC should employ measures to inform electoral stakeholders of jurisdiction and avenues for lodging election-related complaints.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Complaints and Appeals
Mongolia
2016
EOM
Parliamentary
elections
Deadlines for the submission of complaints and appeals to the courts and for the resolution of election-related cases should be shortened and harmonized with the electoral process, and judicial procedures streamlined to ensure a prompt resolution of election disputes. All reasoned judicial decisions, including those denying court hearing, should be published in a timely manner.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Complaints and Appeals
Mongolia
2016
EOM
Parliamentary
elections
The integrity of the results could be further strengthened by establishing and consistently implementing procedures enabling an effective crosscheck of the results produced by manual recounts with those of the electronic vote count machines.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Information and Communication Technologies (ICT)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Election Day
Mongolia
2016
EOM
Parliamentary
elections
The GEC should be legally required to publish full preliminary results online immediately after the aggregation in a comprehensive manner and broken down to the polling station level.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Election Day
Mongolia
2017
LEOM
Presidential
Any suspension of the right to vote should be proportionate to the severity of the crime committed. In line with international obligations, limitations on voting rights of persons with mental or intellectual disabilities should be removed, whilst necessary support mechanisms to exercise their right to vote should be provided.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Voter Registration
Mongolia
2017
LEOM
Presidential
The LoE should be amended to clarify provisions regarding news content, the publication of opinion polls and paid advertisement, and clearly distinguish editorial content from political advertisement.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Mongolia
2017
LEOM
Presidential
The LoE should be amended to ensure equal suffrage for any additional polling. Given the potential legal and logistical issues involved in additional polling, consideration should be given to removing this practice altogether.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Electoral System
Secondary thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Electoral System
Mongolia
2017
LEOM
Presidential
Given the potential legal and logistical issues, consideration could be given to removing the practice of additional polling. If retained, the LoE should be amended to ensure equality of suffrage in any additional polling.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Electoral System
Mongolia
2017
LEOM
Presidential
To increase confidence in the VCE, the possibility for third-party verification of the source code for voting equipment should be clearly defined in the legal framework. The results of any independent scrutiny should be made available to the public.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Information and Communication Technologies (ICT)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Election administration
Mongolia
2017
LEOM
Presidential
To increase confidence in the voter registration process, citizen observers along with political parties could be invited to conduct independent audits of voter lists. Results of these audits should be made public.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Citizen and International Observation
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Voter Registration
Mongolia
2017
LEOM
Presidential
Consideration should be given to permitting a period of campaigning between the first and the second round.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Campaign Environment
Mongolia
2017
LEOM
Presidential
The legal framework should clearly distinguish campaign activities from the administrative functions of public officials, including mechanisms for safeguarding against the misuse of administrative resources.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Campaign Environment
Mongolia
2017
LEOM
Presidential
The system of appointing and dismissing the members to the CRC could be revised to further safeguard the independence of the media oversight body.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Mongolia
2017
LEOM
Presidential
Consideration should be given to reviewing provisions, including disproportionally high fines that may unduly restrict freedom of expression online.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Mongolia
2017
LEOM
Presidential
A single, independent body should be responsible for ensuring observance of media regulations and for handling media-related complaints. This authority should be afforded sufficient human and technical resources to effectively exercise its responsibilities.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Mongolia
2021
SEAM
Presidential
The law should be amended to provide a less restrictive framework for campaigning, including regarding the type of activities permitted, as well as the assets and resources that can be used. Campaigning between the first and second round should be allowed.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Campaign
Mongolia
2021
SEAM
Presidential
Disproportionate sanctions for libel that may unduly restrict freedom of expression should be revised. Consideration should be given to repealing legal provisions on the dissemination of false information.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Mongolia
2021
SEAM
Presidential
To increase confidence in election technologies, the possibility for an independent third-party verification of the vote counting system should be clearly defined in law. The election administration should document all modifications and tests performed on the vote-counting equipment and make all relevant information available to the public, including process documentation, requests for changes, and change logs.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Information and Communication Technologies (ICT)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Election Administration
Mongolia
2021
SEAM
Presidential
The legal framework should be harmonized with the objectives of the Convention on the Rights of Persons with Disabilities by removing all restrictions on voting rights on the basis of intellectual or psychosocial disability.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Voter Registration
Mongolia
2021
SEAM
Presidential
The blanket deprivation of voting rights of citizens serving a prison sentence should be revised in line with international obligations.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Voter Registration
Mongolia
2021
SEAM
Presidential
Public employees should not be required to resign from their posts until the start of the period for candidate nomination.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Candidate Registration
Mongolia
2021
SEAM
Presidential
A prohibition of the misuse of administrative resources and public employees for campaigning as well as a clear separation between the official responsibilities of public officials and their canvassing activities should be clearly provided in the law. Authorities should take proactive steps to prevent and address any misuse or related violations.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Campaign
Mongolia
2021
SEAM
Presidential
Consideration should be given to transforming the Communications Regulatory Commission from a state administrative body with a board directly nominated by the government into an independent regulatory body, by revising the system for appointing its board members.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Mongolia
2021
SEAM
Presidential
Consideration should be given to repealing provisions of the Law on Presidential Elections which infringe the editorial freedom of offline and online media, as well as those permitting the conflation of news and paid content produced by political parties and candidates.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Mongolia
2021
SEAM
Presidential
To ensure consistency and transparency in the counting process, clear procedures for rectifying discrepancies between electronic and manual counts should be established.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Information and Communication Technologies (ICT)
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Election Day
Mongolia
2016
EOM
Parliamentary
elections
To increase inclusiveness and transparency in the election administration, the GEC and lower-level commissions should hold regular, open meetings during the election period allowing for sufficient public notice, and publish agendas, minutes and decisions immediately.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Election Administration
Mongolia
2016
EOM
Parliamentary
elections
To improve transparency and accountability, campaign finance reports, including the list of donors, could be published, including online. Consideration could also be given to requiring the submission of campaign finance reports to the SAO periodically before election day.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Campaign Finance
Mongolia
2016
EOM
Parliamentary
elections
The LoE should be amended to repeal the disqualification of candidates based on incomplete military service, overdue debts and taxes, and criminal record. Public servants should not be required to resign from posts until the start of candidate nomination.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Candidate Registration
Mongolia
2016
EOM
Parliamentary
elections
The GEC and political parties should ensure that the voting and candidacy rights of persons with disabilities are respected, to enhance their full participation in political life.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Participation of Persons with Disabilities
Mongolia
2017
LEOM
Presidential
The GEC and lower-level commissions should consistently hold regular, open meetings allowing sufficient time for public notice. Agendas, minutes and decisions should be made public immediately.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Election Administration
Mongolia
2017
LEOM
Presidential
During the campaign period, the government should refrain from adopting new initiatives that have significant implications for the state budget.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Campaign Environment
Mongolia
2017
LEOM
Presidential
Measures could be taken to ensure full transparency of media ownership by requiring the media regulator to clearly identify owners of media.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Media
Mongolia
2017
LEOM
Presidential
Legal safeguards for public media’s financial autonomy and sustainability should be established and implemented in a manner that ensures its independence.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Media
Mongolia
2017
LEOM
Presidential
To encourage equal participation of persons with disabilities in elections, the GEC should consider improving the accessibility of polling stations.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Participation of Persons with Disabilities
Mongolia
2017
LEOM
Presidential
To increase transparency and accuracy of information provided to the public, the GEC should publish regular voter turnout data as well as full preliminary results disaggregated by polling stations on election day.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Election Day (First Round)
Mongolia
2021
SEAM
Presidential
The parliament should continue revising the electoral legal framework, with broad and inclusive consultations with electoral stakeholders well in advance of the next election, and in line with the recommendations in this and previous ODIHR reports.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Legal Framework and Electoral System
Mongolia
2021
SEAM
Presidential
In order to enhance transparency and access to information of public interest, election administration bodies of all levels should hold open meetings, allowing for sufficient public notice, and publish decisions, agendas and minutes thereof in a timely and consistent manner.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Election Administration
Mongolia
2021
SEAM
Presidential
To further enhance confidence in the voter registration process, and while maintaining the integrity of personal data, political parties and citizen observers should be provided access to aggregated voter lists with sufficient time for independent scrutiny.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Voter Registration
Mongolia
2021
SEAM
Presidential
Consideration should be given to strengthening the independence of the public broadcaster from possible political interference, in particular by revising its financing system.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Media
Mongolia
2021
SEAM
Presidential
Sanctions levied against media should be subject to judicial review and the suspension of media outlets should require a court order. Consideration should also be given to unifying the oversight of media and handling media-related complaints under a single independent, accountable, and transparent body with sufficient resources.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Media
Mongolia
2021
SEAM
Presidential
The framework for citizen observation could be improved. The requirement for citizen observers to register for each individual polling station could be revised and trainings provided to election officials should include sufficient information on observers’ rights and related procedures.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Citizen and International Observers
Mongolia
2021
SEAM
Presidential
To ensure transparency and possibility for effective remedy, the General Election Commission should be required to publish full preliminary and final results, disaggregated by polling station, online in a comprehensive and timely manner and the law should provide time to challenge the final results as published by the Commission. The published results should comprise all relevant polling data, including registered voters, votes cast per candidate and blank votes, as well as numbers of received and spoilt ballots, to allow an independent scrutiny of the results.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Election Day
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