Introduction to Mongolia`s Civil Service System

Introduction to Mongolia’s Civil Service System 1
ŏSpecial Discussionŏ
Introduction to Mongolia’s Civil Service System
Hui-ping Chou 1
﹝PhD in Political Science,
Chinese Culture University;
Junior Officer, the Examination Yuan﹞
Abstract
Since its transformation to democratic system in 1990s,
Mongolia has been carrying out all sorts of reforms pertaining
to government operations. Thanks to the assistance of
international organizations, the government of Mongolia sees
the
creation
of
a
number
of
systems,
including the
much-needed civil service system which holds the key to a
nation’s competitiveness. While Mongolia has been trying to
duplicate the success story of the West, it has failed to observe
the sophisticated difference between home and abroad. What
Mongolia needs to realize is that transplanting the system
alone is not enough; no system can work out without the pillars
of fitting political and administrative culture as well as other
supporting packages. The negligence proved costly as the
country is currently struggling with not-so-effective central
1
The author, currently serving in the Examination Yuan, holds a PhD in political science awarded by Chinese
Culture University. E-mail:[email protected]。
Some of the names of Mongolian government agencies cited in this paper might not be parallel to their
counterparts in Taiwan due to differences caused by the political situation and translation. The author is
grateful for the comments of the review panel.
The Examination Yuan delegation paid a visit to Mongolia from August 11-22, 2005 to observe the country’s
examination and civil service systems. The author, as the delegation secretary, visited Mongolia’s Government
Service Council (GSC) along with the rest of delegation. This paper is based on official information secured
during the visit and literature the author collected after returning to Taiwan.
2
Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
government operations and loads of corruption scandals.
Key Words: Mongolia, Government Service Council, Personnel System
Ⅰ. Introduction
Civil service is an important foundation for a nation’s development, and
civil servants are the key in the planning and enforcement of national policies.
In the face of the challenge of global competition in the 21st century, countries
around the world have all been dedicated to the cause of reforming and
restructuring of civil service and government organization in order to enhance
the quality of service for the people, facilitate national development, and
secure an edge in global competition. Following its transition to democracy in
the 1990s, Mongolia has enlisted the assistance from international
organizations such as the United Nations to launch government administration
reform packages 2 including civil service reform. This paper aims to provide a
2
Public administration reform in Mongolia is divided into three stages: Management Development Programme
(1993-1996); New Public Management/Governance Reform Programme I (NPM/GRP I) (1997-2002); New
Public Management/Governance Reform Programme Ⅱ (NPM/GRP Ⅱ) (2003-). The first stage focuses more
on establishment and administration of systems, such as release of policy whitepapers and establishment of
civil service system. The second and third stages emphasize more on state financial reform and performance
budget. See L. Tur-Od, Public Administration Reform Experiences in Mongolia: NPM in Practice?, UNDP’s
Global Practice Meeting on ‘Public Administration Reform’ Bratislava, Slovakia, 19-22 April 2004.
In addition, the World Bank pointed out in its World Development Report in 1997 that despite their attempts to
imitate the successful experience of government restructuring of advanced countries such as Europe and the
United States, developing countries have failed to deliver largely because they had been using the wrong
public management tool (new public management). Another key is whether they possess the willingness,
ability, and legal framework to conduct reform and address political issues including democracy, human rights,
ethics for administrative personnel, and lawful administration, as well as the roles of the government, market,
and civil society. See World Bank, World Development Report 1997:The State in a Changing World(Oxford
University Press, 1997), p.2. In addition, Batbayar Badamdorj argued in his study on public administration
reform in Mongolia in early 1990s that reform should take into account the actual political and economic
situation, and issues such as the reconstruction of political and administrative culture and creation of legal
framework should be treated as top priorities. See Batbayar Badamdorj’s 1998 study Problems and
Perspectives of Public Administration Reform: The Case of The Executive Branch of The Government of
Mongolia. Working Paper Series no. 273. The Netherlands: Institute of Social Studies.
Introduction to Mongolia’s Civil Service System 3
brief introduction to Mongolia’s current civil service system and its history of
establishment, and explore the problems involved in its operation and make
some suggestions for improvement. 3
Ⅱ. Establishment of Mongolia’s Civil Service System
In the few years since 1990, while Mongolia was making concrete
progress in running a democratic government, opening up its political
environment, entitling the media to adequate freedom, and opening politics to
the general public, there remained some hidden flaws threatening to derail the
country’s government administration reform, for example the failure to
govern by law on certain occasions, poor efficiency, and unclear
accountability boundaries. To address the problems, Mongolia set up a
Steering Committee comprising of the Prime Minister, Deputy Prime Minister,
Minister of Foreign Affairs, Minister of Industry and Commerce, Minister of
Social Welfare and Labor, Minister of Education, Culture and Science, and
the Chairperson of the State and Governmental Service Agency in July 1994
to launch government administration reform packages. Major actions taken
throughout the establishment of Mongolia’s civil service system are as
follows: 4
1.
Install the legal basis for civil service system: On December 30,
1994, the Mongolia Parliament approved the Government
3
This paper only provides a preliminary introduction to Mongolia’s civil service system based on literature
review, and does not involve theoretical discussions.
4
See Note 2.
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Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
Administrative Service Law to be effective on June 1, 1995. The
title was changed to the Law on the Government Service on June 1,
1996. A host of accompanying resolutions, acts, regulations, and
enforcement rules have been created by the Parliament, the
President, the Cabinet, and various government agencies after this. 5
2.
Install the governing authority for Mongolia’s civil service system:
The Government Administrative Service Council, set up on June 1,
1995, runs personnel management units in all Cabinet departments,
special executive agencies, and local governments. (For example,
the deputy chairperson of one of the council’s branch offices is also
the director of the office of a province governor.) The council,
officially unveiled and opened on July 3, is primarily responsible
for the planning and enforcement of civil service policies,
organization of civil service examinations, performance evaluation,
and job classification. The council had its title officially changed to
Government Service Council in 2002.
3.
Organize the first civil service examination: In June 1996,
Mongolia organized a national civil service examination for the
first time. The examination was designed by the Cabinet
Secretariat’s Strategic Management Department. Other details,
including examination procedure and qualification requirements,
were set up by the United Nations Development Program (UNDP).
5
See Ⅲ. Mongolia’s Current Civil Service System: Important Personnel Laws and Regulations of this paper.
Introduction to Mongolia’s Civil Service System 5
4.
Introduce major personnel reform policies: Examples include
Public Administration and Civil Service Reform, Civil Service
Training and Consultancy, Personnel Management Handbook, and
Job classification Development for the Civil Service.
5.
Adopt a performance-oriented appointment and promotion system:
In June 2002, Mongolia Parliament approved the Public Sector
Management and Finance Law (PSMFL) to be effective starting
January 2003. Under the law, government agencies are required to
adhere to performance contracts with regard to appointment of civil
servants and conduct performance evaluation while striking a
balance between budget and output.
In addition, the Action Plan of the Government of Mongolia for
2004-2008, formed on the basis of Resolution No. 34 of the Mongolia
Parliament in 2004, clearly defined the future directions of the country’s civil
service reform: 6
1. Introduce rules of professional and ethical conduct to be followed by
civil servants in their service for the people and performance of their
duties; in case of violations of the rules to take penalizing measures
under public control;
2. Make amendments to the Law on Civil Service to improve the quality
of civil service and to clarify provisions on ethics of civil servants and
principles of accountability;
6
The State Great Hural, Action Plan of The Government of Mongolia for 2004-2008, accessed to
www.pmis.gov.mn, 2005/10/1.
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Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
3. Continue training and retraining of civil servants of all levels to
upgrade their knowledge and professional skills;
4. Increase public servants’ salaries and job responsibilities by making
the apparatus of public administration institutions more productive
and less staffed;
5. Require
all
civil
servants
to
be
non-partisan
and
reduce
politically-appointed posts;
6. Prohibit civil servants’ participation in political election campaigns,
including any use of budget resources, state property or vehicles in
such campaigns;
7. Set rules according to which civil servants shall resign their current
positions in case of announcing their candidacy for elections;
8. Protect civil servants from being requested to join a political party or
from being asked about their political party membership status as a
criterion for hiring;
Ⅲ. Mongolia’s Current Civil Service System
1. Governing Authority—Government Service Council
Personnel administration system tends to vary from country to country
over numerous historical, cultural, political, economic, and social factors,
which renders it difficult to come up with a universal classification. Personnel
administration generally follows either the independent system or the staff
Introduction to Mongolia’s Civil Service System 7
system. 7 For Mongolia, the governing authority for its civil service system is
the Government Service Council (GSC), an independent, non-partisan
collegiate body that answers to the State Great Hural (Parliament). This seems
to suggest that personnel administration in Mongolia follows the independent
system. The GSC is committed to the cause of building a highly efficient civil
service system, seeking welfare for the people, enhancing the quality of civil
service, and upgrading Mongolia’s competitiveness. In addition, the GSC has
been adhering to core values such as citizen-oriented public service, openness
and transparency, performance and core abilities, civil servants with a high
level of quality and capability, healthy work relationships, partnerships, trust,
and respect, a sound civil service budget and the most efficient and effective
ways (i.e., productivity and quality-oriented) of using it, and innovation,
incessant reform and trial.
灱 The GSC Panel
According to Article 34 of the Law on the Government Service, the
GSC comprises of 7 members, including 3 permanent members and 4
non-permanent members. The Parliament Secretariat, the Cabinet
Secretariat, and the High Court are responsible for nominating one
permanent member each, subject to the final approval of the Parliament.
The nominee must be a Mongolia citizen over the age of 35 years with no
criminal record, and who has more than 10 years of experience serving as a
7
The former refers to personnel power and personnel structure as independent of the highest executive power,
while the latter refers to the organizational structure of personnel agencies under the jurisdiction of the
executive power (which is further divided into internal, external, and middle-of-the-road). See Hsu Nan-xiong,
Civil Service Systems, fifth edition, Taipei: Shangding Publications, March 2002, pp. 34-47.
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Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
civil servant in Mongolia. Nomination is not based on proportional
representation. The permanent members may hold office for no more than
two consecutive six-year terms (unlike the President or Parliament
members, whose term of office lasts four years). According to Paragraph 9,
Article 34 of the Law on the Government Service, permanent GSC
members should be non-partisan. The 4 non-permanent GSC members are
held concurrently by the Parliament Secretary-General, the Presidential
Office Director, the Prime Minister Office Director, and the Supreme Court
Consultative Committee Secretary-General. Their term of office as
non-permanent members is not fixed as they are likely to step down along
with the ruling party. The GSC Chairperson is normally chosen by the
Prime Minister out of the 3 permanent members, subject to the approval of
the President, to be confirmed by the Parliament.
牞 Organizational Structure
The top tier of the GSC’s power hierarchy consists of 7 members and
follows the collegiate system. It is responsible for designing Mongolia’s
civil service policies and ensuring the implementation of merit system.
The GSC in 2002 consists of teams specializing in leadership, strategic
management, human resources management and development, project
management, and organization development, which are responsible for
dealing with routine administrative affairs. 8 In addition, the GSC also has
branch offices in major executive agencies and local governments. (See
8
Before then, this was done by the Human Resource Department (which had around 10 staffs) under Cabinet
Secretariat.
Introduction to Mongolia’s Civil Service System 9
Chart 1)
10 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
Presidium/Permanent Personnel
3 Permanent Members/4 Non-Permanent Members
Internal Organizational Structure
Chief Executive Officer
Strategic Management Team
Organization
Leadership Team
Human Resources
Development Team
Development Team
Project Management Team
Human Resources Management Team
Branch Offices
13 in government
11 in other
22 in provinces and
agencies
agencies
capitals
Chart 1: Organizational Structure of Mongolia’s Government Service
Council
Source: GSC Mongolia, Introduction to GSC Mongolia, 2005, p.13.
Introduction to Mongolia’s Civil Service System 11
犴 GSC’s Primary Responsibilities
According to Article 35 of the Law on the Government Service, the
GSC, as the governing authority of Mongolia’s civil service, is primarily
responsible for the following: coordinating with government agencies to
enhance the government’s management capabilities, coordinating with
other government agencies to promote personnel policies, steering the
government toward governance reform and ensuring the implementation of
personnel policies in accordance with laws and regulations, creating and
maintaining a comprehensive personnel database, appointing civil servants
(including political and high-level administrative personnel), evaluating the
performance of government agencies to come up with plans to improve
organizational efficiency, drawing up human resources management plans,
conducting civil service examinations, organizing professional and legal
training for civil servants, making suggestions to the Cabinet regarding the
organizational structure and the most appropriate size of the government,
establishing civil servant classifications, government position/title rank, and
remuneration rules, compiling and monitoring the central government
budget, providing a healthy work environment and ensuring the rights of
civil servants. In short, the GSC fulfills the following duties to facilitate the
merit system: 9
1.Establish legal basis for personnel system
2.Build a comprehensive national civil service database 10
9
10
Asian Development Bank, Governance: Progress and Challenges in Mongolia(ADB, 2004), p.45.
This is necessary because prior to the communist era in 1990, the ruling MPRP had in its possession personal
12 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
3.Work with the Ministry of Finance and Economy (MOFE) to evaluate
the country’s overall civil service demand
4.Design policies on appointment, remuneration, and training for civil
servants, conduct performance evaluation for civil servants, draw up
high-level civil servant performance evaluation projects, and deal with
other important personnel policies. The GSC is also responsible for
drawing up administrative procedures pertaining to performance
evaluation, remuneration, and settlement of disputes.
犵 Important Personnel Laws and Regulations
The GSC is obliged to conform to the following regulations: 11
1. Legal Basis for the GSC:
(1) Constitution of Mongolia (promulgated on 1992.01.13): Chapter 3
“Structure of the State” contains Article 46: State employees must
be Mongolian nationals. They strictly abide by the Constitution and
other laws and work for the benefit of the people and in the
interests of the State. 12
(2) The Law on the Government Service (promulgated on
2002.06.26): 41 articles are divided into 7 chapters, including
Chapter 1 “General Provisions,” Chapter 2 “Government Posts,”
Chapter 3 “Government Employees,” Chapter 4 “Conditions and
information of all civil servants in Mongolia. However, when the MPRP stepped down in 1996, it failed to
hand over the information to the Democratic Coalition.
11
GSC Mongolia, Introduction to Government Service Council, Mongolia: GSC, 2005, pp.8-12.
12
For details on Mongolia Constitution see Enhe, “Crisis in Mongolia’s Existing Administration and Its
Constitutional Roots,” Soochow Law Review, Vol.12 No.1 (1999), pp.193-214.
Introduction to Mongolia’s Civil Service System 13
Procedure for Holding Public Office,” Chapter 5 “Working
Conditions and Guarantees,” Chapter 6 “Management and
Organizational Structure of the Government Service” (government
service management, government service central office, functions
of GSC, government service standards, personnel appointment and
files, and financial issues relating to government service), and
Chapter 7 “Miscellaneous. 13 ”
(3) The Law on Government Management and Finance (promulgated
on 2002.06.27): The law provides guidance on performance budget
as well as appointment of high-level civil servants for government
agencies.
2. Legal basis for the Law on the Government Service:
(1) Official Swear-In before Assuming Public Office (President’s Order
No.109 in 1995)
(2) Ranks and Remuneration for Civil Servants (Parliament Resolution
No.13 in 1995)
(3) Rules Enacted by the GSC (Parliament Resolution No.85 in 2002)
(4) Appointment Procedure for High-Level Public Functionaries
(Parliament Resolution No.13 in 2002)
(5) Handling of Complaints of Civil Servants and Questions Relating
to Examination and Appointment (Parliament Resolution No.14 in
2003)
13
GSC Mongolia, The Law on the Government Service of Mongolia, Mongolia: GSC, June 26, 2002.
14 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
3. Civil Service Enforcement Rules set by the GSC:
(1) Civil Service Examination Law (GSC Resolution No.4 in 2003)
(2) Performance
Agreements
between
Cabinet
Ministers
and
Department Directors (GSC Resolution No.18 in 2002)
(3) Performance Agreements between Department Directors and Staffs
(GSC Resolution No.19 in 2002)
(4) Evaluation of Performance Agreements between Cabinet Ministers
and Department Directors (GSC Resolution No.6 in 2003)
(5) Evaluation of Performance Agreements between Department
Directors and Staffs (GSC Resolution No.7 in 2003)
2. Classification of Civil Servants
In Mongolia, “civil servant” is a loosely defined term 14 referring to
political appointees, general administrative personnel, state-owned enterprise
employees, and state-private enterprise employees. The Government
Administrative Service Law in 1994 puts Mongolia’s civil servants under the
classifications of political, administrative, special, and support: 15
灱 Political Service
Political civil servants are mostly top decision-makers in the
14
The term “civil servants,” in a broad sense, refers to personnel employed directly or indirectly by the state and
public institutions. Public administration in the communist world differs from that of the First World in that
the size of government structure is usually enormous. Public management in communist countries usually
reaches out to all parts of society in an unimaginable way as the party and the state are united as one. Despite
the attempts of transition to democracy since 1990, civil service in Mongolia still carries the post communist
characteristics of being enormous in size and weak, unable to control and coordinate and totally irrelevant to
the demands of society and economic development. Therefore, it is hardly surprising that civil servant is so
loosely defined in Mongolia that political appointees and contract workers are also included.
15
Division for Public administration and Development Management, Department of Economic and Social
Affairs and United Nations, Mongolia: Public Administration Country Profile(UN, March 2004), p.10;Asian
Development Bank, Governance: Progress and Challenges in Mongolia(ADB, 2004), pp.11-4.
Introduction to Mongolia’s Civil Service System 15
government. Most political civil servants are either elected officials or
political appointees, for example the President, the Prime Minister, Cabinet
Ministers, and Parliament Members whose term of office usually comes to
an end along with the turnover of ruling party. Appointed positions in
Mongolia government experienced drastic change in recent years. Back in
1996, when the Mongolian People’s Revolutionary Party (MPRP) was
holding absolute majority, the so-called political appointees also included
deputy ministers, heads of certain special agencies, and “other positions” in
addition to the aforementioned. In fact, appointed positions in the MPRP
era were clearly defined and transparent for the most part. However, after
the Democratic Coalition took over in 1997, deputy ministers and heads of
certain special agencies were “erased” from the list of political appointees,
while “other positions” mushroomed by 308 (250%). Another 100 positions
were created in 1998, but 455 were revoked in 1999, followed by the
cancellation of another 405 positions in early 2000. Apparently there is no
rule regarding the number of appointed positions in Mongolia, and the
number is always subject to drastic change along with the turnover of ruling
party. There were substantial changes even in the Democratic Coalition era,
which means in Mongolia, appointed positions are frequently used by the
ruling party as a reward to faithful members.
Political appointees in local governments, for example the chair of
Mongolia’s 21 provincial assemblies, the chairperson of Ulan Bator City
Council, and the leaders of administration subdivisions within a province,
16 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
administration divisions in Ulan Bator, smaller cities, and townships, are
normally assigned by the central government.
牞 Administrative Service
Mongolia set up 7,294 administrative positions in 1996 based on the
Law on the Government Service. The number was later added to 7,782 in
2001. Administrative positions are divided into five ranks, from assistant
officer to leading officer, and each rank is further divided into smaller ranks.
In 1996, when the Democratic Coalition was in power, senior and executive
officers saw the sharpest growth in number. The growth gradually narrowed
between then and 1999 as the government struggled to cut personnel
expenses. Still, administrative civil servants increased by nearly 1,030
between 1996 and 1999, when the Democratic Coalition was in power, and
in 1997 administrative personnel accounted for 1/3 of Mongolia’s civil
service population. By 2001, the number has increased to 1/2
(approximately 46.8%), with assistant positions seeing the sharpest increase.
(See Table 1)
Table 1: Administrative Officer Rank in Mongolia (1996-2001)
Year
Rank
Leading officer
(%)
Principal officer
(%)
Senior officer
(%)
Executive officer
1996
1997
1998
1999
2000
2001
60
(0.8)
250
(3.4)
1030
(14.1)
3346
52
(0.6)
216
(2.7)
1162
(14.5)
3680
48
(0.6)
210
(2.6)
1120
(13.8)
3875
57
(0.7)
239
(2.9)
1187
(14.3)
3979
36
(0.5)
220
(2.8)
1180
(15.1)
3749
45
(0.6)
253
(3.2)
1318
(17.0)
3634
Introduction to Mongolia’s Civil Service System 17
(%)
(45.9) (45.8) (47.9) (47.8) (48.0) (46.7)
Assistant officer
2068
2913
2841
2862
2624
2532
(%)
(35.8) (36.4) (35.1) (34.3) (33.6) (32.5)
Total(100%)
7294
8023
8094
8324
7809
7782
Source: GSC Mongolia, statistics 1996-2001, cited from Asian Development
Bank, Governance: Progress and Challenges in Mongolia(ADB,
2004), p.12。
In general, leading officers usually account for no more than 1% of
administrative civil servants. Nearly 50% of administrative civil servants
are executive officers with professional knowledge and skills. The majority
of administrative civil servants are plying their trade in local government
rather than the central government. 16 The shortage of administrative
positions, combined with the non-merit appointment system, means
promotion is almost impossible for civil servants holding administrative
positions, especially leading officers. The situation has sabotaged morale.
犴 Special Service
Special civil servants in Mongolia consist of judges, state prosecutors,
constitutional court judges, General Election Committee chairperson and
members, Ministry of Defense sergeant majors and officials, police
administration and prison administration personnel, the chairperson and
representatives of Bank of Mongolia, certain personnel at the Securities
Exchange Commission, certain personnel at the National Statistics Office,
certain personnel at the National Audit Office, National Tax Administration
16
In 1997, 26.8% of administrative civil servants in Mongolia belonged to the central government. The figure
dropped to 21.8% in 1998 but rose slightly to 25% in 2001. As for local governments, most administrative
civil servants work in regions within a province or districts within the city of Ulan Bator.
18 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
employees, and Customs General Administration employees. They follow
an independent personnel system and independent rules regarding
classification, rank, level, management, and remuneration. Special
personnel experienced a slight increase between 1994 and 1998 because of
the addition of taxation and customs personnel and judges and prosecutors,
but the increase has slowed down since 2000. By 2001, the country has
29,600 special civil servants (21% of civil servant population).
犵 Support Service
Also known as technical personnel, support personnel are more like
grassroots employees or technicians in the government, 17 including some of
the civil servants working in mass media and information agencies, training
and research institutions, education, science, health, culture, art institutions
and state-owned enterprises. In 1996, Mongolia had 111,300 civil servants
working as support personnel. The figure dropped to 99,110 in 2001.
Unlike other civil servants, support personnel are not bound by the Civil
Service Law. They are required to sign a labor contract with the
government and are entitled to the obligations and privileges as defined in
the Labor Law.
3. Mongolia’s Civil Servant Population
Mongolia’s civil service system is a post-communist product, being
gradually evolved from communist socialism. As a result, it is under strong
influence of political parties. All government positions are tools of political
17
Similar in nature to contract workers in Taiwan government
Introduction to Mongolia’s Civil Service System 19
party because the system has yet to become merit-based. Despite the
government’s efforts to simplify civil service system between 1996 and 1999,
no concrete result had been yielded. World Bank statistics in 2000 shows that
Mongolia had 132,800 civil servants (See Chart 2). GSC statistics indicates
that by August 2005, the figure had been reduced to 125,000.18
Civil Service in Mongolia
State-Owned Enterprises
…..
Central Government
(132800)
Military (18000)
General Officials
(114800)
Local Government (i)
……
Education (i)
(46000)
National population (000) 2,378
% of laborers 49.7%
% of civil servants
% of education personnel
% of health personnel
5.6%
1.9%
1.1%
Health (i)
(25000)
Police Administration (i)
(14700)
Others
(29100)
Chart 2: Civil Service in Mongolia in 2000
Sources: (i)World Bank and Mongolian Ministry of Finance, some data are not applicable
(ii)The vast majority of local government officials are education and health personnel.
The World Bank, Civil Service Reform: Strengthening World Bank and IMF
Collaboration(Washington, D.C., June 2002), p.49.
18
Based on GSC data the author secured during a visit to Mongolia GSC in August 2005
20 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
1. In 2001, Mongolia’s civil servant population consisted of no more than
2% of political appointees, and 5.6% of administrative personnel,
21.3% of special personnel, and 71.2% of support personnel. Since
1996, the country’s political appointees and special civil servants have
Chart 3: Composition of Mongolia's Civil Servant Population
80
60
Percentage 40
1996
2001
20
0
Political
Administrative
Special
Technical
Type
gone up sharply. (See Chart 3)
2. Women are heavily represented in Mongolia’s civil service population,
accounting for nearly 28% of the Ministry of Environment workforce
and 60% of the Ministry of Social Welfare and Labor workforce.
However, most important positions are still held by men.
3. The majority (40.0%) of Mongolia’s civil servants specialize in
education, followed by health (19.5%) and national defense (13.1%).
Civil servants in Mongolia were reduced from 141,467 to 131,878
from 1996 to 1999. During the time, the number of education officials,
health officials, court officials, and veterinarians dropped, while the
Introduction to Mongolia’s Civil Service System 21
number of administrative personnel, national defense officials, police
administration officials, and taxation personnel went up.
4. Over half of Mongolia’s civil servants are between the age of 36 and
50 years. Most of the civil servants have college degree. The Ministry
of Social Welfare and Labor has the greatest number of senior civil
servants, with over half of its personnel having worked there for more
than 10 years. Apparently most civil servants in Mongolia are
long-serving, and turnover has been quite low. (See Table 2)
Table 2: Central Government Civil Servant Workforce in
Mongolia in 2001
Department
Total
Number
of Civil
Servants
% of
women
% of
36-50
years of
age
% of civil
servants
having
served for
more than
10 years
% of
holders of
higher
education
degrees
Ministry of Social
Welfare and Labor
Ministry of Natural
Resources
and
Environment
Ministry of Land
Administration
Ministry
of
Environmental
Protection
Ministry
of
Meteorology
Ministry of National
45
60.0
44.4
46.6
97.8
54
53.7
51.8
37.2
94.4
29
48.3
55.2
37.9
75.9
18
27.8
44.5
27.8
77.8
29
31.0
55.2
20.7
86.2
40
32.5
37.5
37.5
78.0
22 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
Financial
Supervision
Source: Asian Development Bank (ADB). 2002. Technical Assistant to Mongolia for
Initial Phase of Public Administration Reform. Manila.
4. Appointment of Civil Servants
Article 17 of the Law on the Government Service requires all Mongolia
nationals aspiring to become civil servants to pass a qualifying examination
held by the government. Successful candidates would have to display
satisfactory performance in the probation period to be waitlisted, 19 and then
swear into office once an opening becomes available. Mongolia held its civil
service examination for the first time in July 1996. The examination is in the
nature of “qualifying examination. 20 ” Selection is conducted by a variety of
agencies, for example the GSC is responsible for selecting Cabinet section
chiefs and higher-level officials, while the selection of lower-rank officials is
the responsibility of the GSC’s branch offices. Around 5,200 civil servants in
Mongolia earned their position through passing the qualifying examination.21
Examination rules (including eligibility, scope, and procedure) and details
regarding the compilation of waitlist are set up by the GSC.
It is worth noting that promotion of Mongolia’s civil servants is subject
to seniority and performance. Each year, government agencies review the
performance of civil servants based on applicable rules to form an important
19
According to Article 18 of the Law on the Government Service, probation should not be longer than one year.
Article 17 says a candidate should not be waitlisted for more than two years.
20
This is different from the system in Taiwan, in which candidates passing the test are guaranteed a job in the
government.
21
Based on data provided by the GSC during the author’s visit
Introduction to Mongolia’s Civil Service System 23
basis for promotion, remuneration, training, and rewards and punishments.
However, as openings are scarce and promotion procedure is hardly open and
transparent, promotion has become extremely difficult for Mongolia’s civil
servants, therefore hurting morale.
5. Remuneration for Mongolia’s Civil Servants
Remuneration for Mongolia’s civil servants differs based on position and
rank, 22 for example remuneration for Parliament members or special task
force members 23 is divided into 11 levels, from the lowest MNT 42,784 (USD
38.89) to the highest MNT 85,155 (USD 77.13) per month. Remuneration
structures for political, administrative, special, and support personnel are as
follows:
灱 Remuneration for political appointees (e.g., the Prime Minister and
Cabinet Ministers) is determined by the Parliament based on applicable
laws. In general, the monthly remuneration for Cabinet Ministers is MNT
100,000 (USD 84), while the President and Prime Minister receive MNT
200,000 (USD 168) and MNT170,000 (USD 142) respectively per month
(base pay plus additional allowance).
牞 Remuneration for administrative personnel is notably lower than
political appointees. Each of the 13 remuneration levels is further divided
into 13 to 25 levels. The highest pay for administrative personnel is MNT
22
Including political personnel (parliament committee members and special task unit personnel, for example the
National Audit Office (NAO)), as well as administrative, special, and support personnel
23
Including parliament members, political appointees, Supreme Court and Constitutional Court judges,
prosecutors, National Human Rights Commission members, and members of the National Audit Office,
National Statistics Office, Securities Exchange Commission, and the GSC
24 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
82,025 (USD 69), around 2.3 times more than the lowest pay of MNT
35,144 (USD 29). In addition to base pay, administrative personnel are
also entitled to additional allowance, though the amount varies along
with the rank.
犴 Special personnel share similar remuneration system with administrative
personnel, but have more position ranks and fewer pay classifications.
The highest pay for special personnel is MNT 82,025 (USD 69) per
month, around 2.5 times the lowest pay of MNT 32,640 (USD 27).
犵 The pay for support and technical personnel is lower by approximately a
few thousands MNT per month, roughly the same as that of
administrative and special personnel.
玎Other special personnel, such as Supreme Court judges, 24 are much more
well-paid than Cabinet Ministers, with a base pay of MNT 98,544 (USD
83) per month. This, combined with an additional allowance (70% of
base pay), means these personnel can make up to MNT 165,553 (USD
139) per month. Employees of the Bank of Mongolia, a financial
institution under the jurisdiction of the Parliament, are apparently
better-paid. 25
In additional to base pay, civil servants in Mongolia are entitled to
additional allowance calculated based on their rank, seniority, and education
24
The rank of Supreme Court judges, despite lower than that of Prime Minister, is higher than other government
executives.
25
For example, remuneration for BOM employees could range from MNT 32,000 (USD 27) (plus additional
allowance of MNT 15,000 [USD 13] and transportation reimbursement) to MNT 110,000 or MNT 160,000
(USD 92 to USD 134, plus 30% bonus)
Introduction to Mongolia’s Civil Service System 25
background. (See Table 3)
Table 3: Additional Allowance for Civil Servants in Mongolia in 2002
Classifications
% of
Monthly Pay
Senior Personnel (based on seniority)
25
26 years or more
20
21-25
15
16-20
10
11-15
5
5-10
Education Background and Position (for
administrative personnel)
Doctorate
20
Professor
10
Associate Doctorate
15
Assistant Professor
5
Position Ranks for Administrative Personnel
First Level
Leading Officer
35
Principal Officer
30
Senior officer
25
Executive officer
20
Assistant officer
15
Second Level
Leading Officer
33
Principal Officer
28
Senior officer
23
Executive officer
18
Assistant officer
13
Third Level
Leading Officer
32
Principal Officer
27
Senior officer
22
Executive officer
17
Assistant officer
12
26 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
Fourth Level
Leading Officer
Principal Officer
Senior officer
Executive officer
Assistant officer
30
25
20
15
10
Source: Mongolia government, cited from ADB, 2004, p.47.
In 1997, Mongolia government substantially raised the pay for civil
servants for the first time 26 in a bid to improve the livelihood of grassroots
civil servants and shorten the pay gap. However, the move resulted in
grassroots civil servants becoming better-paid than employees of private
companies, while under normal circumstances the former are less paid than
the latter, especially in the capital city of Ulan Bator. Consequently,
corruption became a serious and widespread practice as civil servants began
to compromise their ethics. According to the rules set up by the Mongolia
government, the pay gap between public and private sectors shall not exceed
5%, but a comparative survey conducted by the GSC discovered a shockingly
large gap. For example, the pay for National Statistics Office (NSO)
employees trails that of laborers by 22% in 2001, and the gap was 39% back
in 1997.
Low remuneration makes it difficult for the government to recruit and
maintain quality employees. Civil servants with professional knowledge are
especially hard to find. In addition, private companies, with their foreign
26
Mongolia also raised the pay for civil servants in 1999 and 2001. The pay for administrative personnel was
raised by 3% in 2001.
Introduction to Mongolia’s Civil Service System 27
investors, are usually able to provide employees with better promotion
opportunities and welfare and a greater sense of work satisfaction. As a result,
most quality workers prefer foreign companies to public office. Low
remuneration is also a potential cause of low ethics and corruption, making
room for rent seeking in public affairs. 27
Ⅳ. Major Problems in Mongolia’s Current Civil Service System
1. Political and Administrative Cultures Incompatible with Government
Restructuring
Mongolia, following its transition to democracy, is supposed to possess
more advantages for transformation than the five countries in Central Asia
which, like Mongolia, were once client states to the Soviet Union.28 However,
the Mongolia government failed to grasp the immediate demands of the
country and build the systems required to enhance the country’s overall
competitiveness in a timely fashion. This is because the Mongolia government
back then was still practicing post-communist-style political culture and a
kind of administrative culture similar in nature to that of developing countries,
27
The moral hazard of rent-seeking can be considerable. Rent seeking takes place when an entity seeks to
extract uncompensated value from others by manipulation of the environment -- often including regulations or
other government policies. It is an unproductive behavior of extracting values from others and the society.
Common examples include carry opportunities resulting from trade barriers, foreign exchange control policies,
and stock and exchange market intervention.
Source: http://www.mywiseowl.com/articles/Rent_seeking. Last retrieved: 2005.11.30
28
The five countries in Central Asia refer to Kazakhstan, Kyrgyzstan, Uzbekistan, Turkmenistan, and Tajikistan,
all characterized with a power structure of “big president, medium government, and small parliament.” All
five countries have a complex ethnic composition, one-party dominance, weak opposition parties, and strong
intervention of foreign forces. This combined with the fact that religion is highly political in the five countries
and that none of them has ever experienced a turnover of ruling party, means that political transition has been
very slow. See Wei Fang Wang, Comparing Mongolian and Central Asia’s Political Transition, the 5th
Taiwan-Central Asia Forum, 2005, pp.1-19.
28 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
which are incompatible with the demands of modern-day government reform:
1. Post-Communist-Style Political Culture
Generally speaking, it is difficult to sow the seeds of democracy in a
post-communist political culture. This is especially true in a time when
the residues of traditional communism are still prevalent, the economic
development does not deliver as expected, and the society is rendered
chaotic by excessive freedom. The situation causes the people to lose
faith in democratic system and deprives the society of “social capital.”
The people, as a result, become indifferent, disconnected, passive,
irresponsible, self-centered, reckless, and shortsighted, hence slowing
down the transition to democracy. 29
2. Developing Country Administrative Culture 30
In his study on administrative culture in developing countries, Fred
W. Riggs coined the term “prismatic society,” which is characterized by
an administrative culture that emphasizes authority, family ties,
opportunism, formalities, personal connections, good fortune, versatility,
and special privileges and often displays the outward qualities of
redundancy, heterogeneity, formality, and corruption. Riggs also
identified the potential obstacles for developing countries in terms of
administrative development:
泝 Civil servants with knowledge and skills in administrative affairs and
29
Rod Hague, Martin Harrop and Shaun Breslin, translated by Shi Jian-yu, Comparative Government and
Politics: An Introduction, Taipei: Wunan, 2001, pp. 140-3.
30
F. W. Riggs, Administration in Developing Countries: The Theory of Prismatic Society(Boston, Ma: Howard
Mifflin, 1960), p.227, 423-4.
Introduction to Mongolia’s Civil Service System 29
capabilities in effective administration of national development
policies and projects are in short supply.
沴 The objectives, policies, and projects of national development have
become something of a dogma.
沊 Government officials think of pursuing personal interests and
consolidating their positions as top priority, and show more loyalty to
family and clan than to the state, organization, or mission.
沝 Corruption is widely perceived as a natural part of administrative
system.
沀 Installation of administrative systems are often not based on the actual
demands of national development.
泞 Government officials are entitled to a high degree of autonomy, a
problem worsened by the lack of a powerful check-and-balance
system.
As unemployment remains a long-standing and serious issue in
Mongolia, a lot of people have found their way into public office through
nepotism. The favorite target for these people is special positions. In the
city of Ulan Bator, a lot of openings in public office were not filled up
through an open selection procedure, and instead were handed directly to
loyal supporters of the ruling party because they asked for one, not
because they possessed the knowledge and skills required to do the job
right. In fact, this has been common practice in the central government
and local governments in Mongolia.
30 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
2. An Ill-Functioned GSC
Paragraph 9, Article 34 of the Law on the Government Service stipulates
that all permanent GSC members should be non-partisan. Despite the attempts
of the Mongolia government to observe the rule, political parties have been
pulling the strings in the GSC. For example, in 1996, when the GSC was first
founded, two of the three permanent members belonged to the Democratic
Coalition. In August 2004, all three permanent members came from the
MPRP.
Despite the law requiring all civil servants to pass the civil service test
and be appointed based on the merit system, the government still follows the
spoil principles most of the time and selects civil servants based on their
loyalty to the ruling party or political connections. The ones with great loyalty
and good connections are more likely to land on a position in the government.
Appointment of civil servants in Mongolia is not based on merit principles.
The GSC has failed in maintaining itself as a non-partisan body, in being
non-partisan in appointing civil servants, and in carrying through
administrative neutrality. Therefore, it would not be easy for the GSC to push
for civil service reform in Mongolia.
3. Excessive Personnel Expenditure
Just as the MOFE pointed out, the government is set for financial
problems once personnel expenditure eats up too much of the annual budget.
In 1996, personnel expenditure accounted for 16.3% of the Mongolia
government’s annual budget. The figure rose to 21.1% in 1998 then dropped
Introduction to Mongolia’s Civil Service System 31
slightly to 18% in 2001. In addition, personnel expenditure had been on the
rise from middle to late 1990s, from 6.3% of GDP in 1995 to 8.2% in 2000.
There is also a year-on-year increase in personnel expenditure, which forces
the Mongolia government to expand the budget by 20% in 2002 to cover
remuneration and pension payment. The move is likely to be repeated in 2003.
This will add to the woes of the already cash-strapped Mongolia government,
so the top priority is to streamline government structure and keep personnel
expenditure under control.
4. Lack of Protection for Civil Servants and the Absence of Administrative
Neutrality
Administrative neutrality and protection for civil servants are important
issues in government administration, and also prerequisites of a democratic
country. The two seemingly unrelated elements are in fact highly correlated as
cause and effect because protection for civil servants is an integral part of
administrative neutrality. Failure to protect civil servants would make it
difficult to realize administrative neutrality. Without administrative neutrality,
civil servants would find themselves mired in the dogfight between political
parties.
Article 46 of Constitution of Mongolia protects civil servants from
improper dismissal. However, National Human Right Commission (NHRC)
statistics shows that it had received 165 complaints filed by civil servants
regarding mostly improper dismissal between July 1995 and June 2001. 93 of
the complaints ended up with the applicants either reinstated or assigned to a
32 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
new position. Civil servants also have the choice of filing a complaint in court,
and 16 of them were reinstated by court following improper dismissal. The
NHRC also pointed out that spoil principles staged a comeback in 2000 after
the MPRP won back ruling power from the Democratic Coalition. According
to GSC investigations, at least 5/9 of Cabinet Ministers and government
agency directors were victims of improper dismissal. Local newspapers
reported that around 15,000 civil servants in Mongolia had lost their jobs for
not siding with the ruling party. 31 The GSC does not deny the report findings.
The situation is especially serious at the MOFE. Following the
parliamentary election in 2000, nearly all of the top executives were removed,
and around 20% of employees were told to leave. The new chief accountant
and five other accountants have less than two years of work experience under
their belt. Despite their professional knowledge and professional training,
their lack of actual experience would seriously undermine the MOFE’s
planning capabilities. High turnover in government agencies adversely affects
government administration.
The problem of improper dismissal is even more widespread in local
governments. For example, at least 850 civil servants in the province of
Khovd have been dismissed since 1992 over political stance. In the province
of Arkhangai, three deputy provincial governors, four deputy district directors,
five supervisors, and many provincial government executives were
improperly removed or transferred. Tuv Province experienced the greatest
31
Mongolia Online. 2002, 18 April. Available: http://www.news.mol.mn. Accessed to Asian Development Bank,
Governance: Progress and Challenges in Mongolia, Oct. 2004, p.50..
Introduction to Mongolia’s Civil Service System 33
absurdity: nearly all of provincial government employees were removed and
replaced with the new governor’s comrades. 32
The official reasons for such improper dismissal usually have nothing to
do with politics, making it difficult for civil servants to file a complaint.
According to GSC investigations, 12,104 civil servants in Mongolia were
dismissed for no apparent reason between 2000 and 2002, including 1,359
political appointees and 10,745 administrative and special employees (of
which 1/3, around 3,638, were serving in the central government) (See Table
4). 3.2% of the dismissed civil servants belong to the MPRP, 2.7% belong to
other parties, and the rest 94.1% have no political party preference.
Table 4: Reasons for Dismissal for Administrative and Special Civil Servants
between 2000 and 2002
Reasons
Resignation (voluntary and compulsory)
Cases
1,497
Violation of Civil Service Law and other
573
regulations
Work performance
530
Organizational restructuring
413
Failure to meet work demands
172
Health reasons
119
Others
334
Total
3,638
Source: Mongolia This Week. 2002, 14 May, p.3.
32
,Ibid. p.49.
34 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
Thousands of civil servants in Mongolia were improperly dismissed in
1996 (when the Democratic Coalition became the ruling party) and in 2000
(when the MPRP took over) not because of unsatisfactory work performance,
violation of law, health reasons, or power abuse, but because of political
reasons. In other words, they had to go because they were not with the new
rulers. The ruling party uses public office to reward its loyal supporters, which
contradicts with the spirit of modern day merit system. Even the GSC
admitted that this could stand in the way of the creation of a healthy civil
service system. Like many countries tasked with transition to democracy,
Mongolia is struggling to maintain administrative neutrality while trying to
build a modern, democratic civil service system. However, as the country still
follows the old communist practice in which the central administration and
party apparatus are united as one, with the latter leading the former, political
loyalty rather than professional expertise is regarded as the most important
quality in civil servants.
5. Widespread Corruption among Civil Servants
In addition to spoil principles, another serious flaw in Mongolia’s civil
service system is widespread corruption. In a 1999 study by J. E. Austin and
co, Mongolia is the 131st place out of 136 countries in terms of corruption.
This is a major warning sign for the Mongolia government. The problem of
widespread corruption needs to be addressed immediately to stop the damage
to the country’s overall competitiveness. 33
33
Taylor, Nancy L., and L. Tur-Od. N.d. Concept Paper for the UNDP Support Project Document to the
National Program of Action to Combat Corruption. Ulaanbaatar. Mongolia was not included in Transparency
Introduction to Mongolia’s Civil Service System 35
In a 1999 study by Academy of Management 34 at the request of the
United Nations Development Programme (UNDP), 48.8% of Mongolian
nationals surveyed noted that “corruption is a serious, omnipresent issue in
the Mongolia government.” 44.2% believed “the situation is likely to get
worse and worse. 35 ” Another empirical research by the Mongolian Chamber
of Commerce and Industry (MCCI) in 2002 shows that the majority of the
1,386 Mongolian nationals surveyed named “corruption among civil servants”
as the fourth largest social problem in Mongolia, after alcohol abuse,
unemployment, and poverty. 53.4% of participants surveyed noted that
corruption had snowballed over the years, and the most corruption-prone
government agencies are Customs General Administration (CGA) (73.5%),
banks (63.8%), judges and the court (48.8%), education agencies (45.5%), the
Parliament (42.4%), and National Tax Administration (39.0%). (See Chart 4)
International’s 2001corruption perception index, nor was it included in the World Economic Forum’s global
competitiveness index.
34
The Academy of Management, a special executive agency under the Cabinet Secretariat, is responsible for the
training of civil servants.
35
Academy of Management. 1999. Public Perceptions and Attitudes Survey on Corruption in Mongolia.
Ulaanbaatar.
36 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
Chart 4: Corruption-Prone Government
Agencies in Mongolia
80
70
60
50
Percentage
40
30
20
10
0
Percentage
Customs
General
Administration
Banks
Judges and the
Court
Education
Agencies
Parliament
National Tax
Administration
73.5
63.8
48.8
45.5
42.4
39
Agencies
The UNDP study shows that 54.8% of participants surveyed indicated
the lack of public accountability and excessive power for bureaucrats as the
major causes for corruption, followed by improper (unfair) administration of
privatization policies (49.8%), the people’s lack of faith in existing
anti-corruption mechanism (42.2%), moral degradation (41.2%), and
descending quality of life (36.3%).
The nature of corruption in Mongolia government can be described as
petty, Mafia-type, and syndicated, making it difficult to prevent and eradicate
within a short period of time.
Despite the government’s attempts to win back the people’s faith by
Introduction to Mongolia’s Civil Service System 37
handing severe punishment to corrupt civil servants, in reality very few
corrupt civil servants would be subject to legal punishment. The only case
being in 1997, when three parliament members were sentenced to prison
terms over bribery allegations in a bid for an amusement arcade. In 1999, the
CGA was rated by the UNDP survey as the most corruption-prone
government agency in Mongolia, but only 43 CGA employees were dismissed
in 2001 following interrogations. No one confessed to corruption charges.
To wipe out corruption, the Mongolia government enacted quite a few
laws, for example the Anti-corruption Law, the Criminal Code, and the Civil
Service Law in 1996. Article 7 of the Anti-corruption Law prohibits
acceptance of bribery, embezzlement, and abuse of power for civil servants.
In addition, the Law on Government Service contains a detailed definition of
corruption deeds.
The Government Resolution Number 58 in 1999 sets up the basic code
for administrative civil servants, but it is not applicable to political appointees
and technical personnel. Paragraph 9, Article 13 of the Civil Service Law
forbids unlawful behavior and malfeasance for civil servants. It is worth
noting that whistleblowers are not protected by law in Mongolia. Civil
servants convicted of corruption receive no more than a slap on the wrist in
the form of a fine between MNT 5,000 and MNT 40,000 (USD 5-36) as
stipulated by the Anti-corruption Law and no prison term at all. This is hardly
a strong deterrent against corruption.
Back in the early days, there was no anti-corruption body in the
38 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
Mongolia government. It was the responsibility of the Ministry of Justice and
Home Affairs (MJHA), the Prosecutor General’s Office, police administration,
and the NAO to crack down on corruption, and only police administration has
the means to fight against economic crime in all parts of the country.
To crack down on corruption, the Mongolia government created the
National Council on Anti-Corruption (NCAC), with the Prime Minister
installed as the Chairperson. The objectives are to carry out Human Security
Program in the pursuit of good governance and wipe out corruption in the
government (especially in corruption-prone agencies such as the CGA and the
National Tax Administration) with the assistance of the UNDP to win back the
people’s faith. However, the attempts failed to raise the people’s doubts about
the government’s ability to eradicate corruption. To prove its resolve, the
NCAC launched the Action Plan on Anti-Corruption in May 2003 with the
primary purpose of rebuilding the people’s confidence in the government.
It is worth noting that according to the Anti-corruption Law, senior
public functionaries are required to file assets disclosure (detailing personal
and household assets) every February, but because the Mongolia government
back then did not have a specific agency to be responsible for organizing and
maintaining asset declarations, the task was shared by several different
agencies including the Standing Committee on State Structure of the National
Parliament, which deals with asset declarations filed by public functionaries
appointed by the Parliament, including the President, Prime Minister,
Parliament Speaker, Deputy Parliament Speaker, and parliament members.
Introduction to Mongolia’s Civil Service System 39
The court of law is responsible for dealing with asset declarations filed by
judges, while the GSC is responsible for dealing with the asset declaration of
all the other personnel. The division of labor means power and accountability
are also scattered, and in some cases unlawful dealings may go unnoticed and
unpunished.
In recent years, the Mongolia government’s reform has failed to catch up
with corruption. The government, non-governmental organizations, and the
general public need to be aware of the importance and necessity of wiping out
corruption. The top priority for the Mongolia government at this point is to
enact and revise laws to provide a powerful detergent against corruption,
build a comprehensive sunshine law system, set up moral and ethical codes
for civil servants, and carry through anti-corruption initiatives within
administrative agencies.
Ⅴ. Concluding Remarks: Moving Toward a Modern Civil Service System
As the ADB points out, the long-standing plagues in Mongolia’s civil
service system include the lack of a clear set of rules regarding appointment
and performance management, the lack of transparency in the appointment
and dismissal of civil servants, the lack of a performance-oriented career
development system for civil servants, and the lack of governance structure
for civil servants. The highly political nature of Mongolia’s civil service
system has resulted in a high turnover, especially for high-level public
functionaries, because appointment and promotion are often not merit-based.
40 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
This poses a negative effect on government administration. Here are some
brief suggestions for Mongolia in building a truly modern civil service
system:
1.
Rebuild the role of civil servants: The Mongolia government should
strengthen its personnel policies and management, revise outdated rules,
embark on organizational restructuring, simplify personnel structure, and
gradually instill ethical values in civil servants. It is also important to
uphold the spirit of the Civil Service Law, in particular administrative
neutrality, by strengthening the role and functions of the GSC. A
better-functioned GSC would play a major role in enforcing the PSMFL
by signing performance agreement with government executives,
evaluating their performance, and recommending dismissal for those not
up to par.
1. Minimize political party influence over the GSC: This can be done
by adding three more permanent GSC members to make it six in total,
and making sure that a fixed number of seats are held by the
opposition parties.
2. Simplify government structure: This can be done by encouraging
voluntary retirement, flexible appointment, privatization of certain
public services, and by reconsidering the role and functions of the
state. Government agencies should abide by the PSMFL in the
appointment of civil servants. With recruitment channels going
multiple, it is important to keep the number of civil servants within a
Introduction to Mongolia’s Civil Service System 41
reasonable range and not to over-hire.
3. Part of the money saved from simplifying government personnel
should be used to improve remuneration and welfare for existing civil
servants to boost morale.
4. Establish a high-level civil service system and encourage rotation
between different departments to facilitate policy coordination.
2.
Good governance in the 21st century requires the leadership of a clean
and competent government and participation on the part of civil society.
Corruption is undoubtedly the major stumbling block in the road to good
governance. Mongolia is in the process of making the political transition
from authoritarian rule to democracy as well as the economic transition
from communism to market mechanism. Without sound anti-corruption
strategies and packages, these transitions might end up accelerating
corruption and malfeasance. Therefore, in addition to continue revising
the Civil Service Law, it is also necessary to install a set of ethical code
for civil servants and require them to observe the highest standards of
integrity, honesty, and righteousness in all public operations. For
example by taking the following initiatives:
1. Strengthen anti-corruption mechanism by revising outdated laws and
creating an anti-corruption body.
2. Improve remuneration structure for civil servants by making sure that
all remunerations are lawful and reasonable, and that civil servants
are handed equal pay for doing the same work and given ample time
42 Bimonthly Journal on Mongolian and Tibetan Current Situation Vol.15, No.3
for orientation. This will make civil servants more dedicated and
efficient and give them a better sense of self-esteem and honor. In
addition, civil servants should be entitled to a healthy promotion
system and an ample amount of pension so that they would lack the
motive and necessity for corruption. Welfare packages for civil
servants should be carefully planned to build a sound welfare system.
3. Create a comprehensive set of ethics code for civil servants as soon
as possible to act as criteria for conduct and internal control to fend
off corruption and malfeasance.
(This paper was submitted to the MTAC on March 20, 2006 and
forwarded to the review panel on March 21, 2006. Review was completed on
March 29, 2006, and revision was completed on April 3, 2006.)