1 multipart xF8FF 2 Mongolia FOI comment May06

Comment on the Draft Law of Mongolia on Freedom of Information May 2006 This Comment is based on an English translation of the Draft Law of Mongolia on 1Freedom of Information (draft Law), received by ARTICLE 19 in May 2006. A copy of the draft Law is appended to this Comment. The Comment is intended to assist Mongolian decision-makers and the Freedom of Information Law Working Group to ensure that the law finally adopted is, as far as possible, in accordance with international standards and comparative national best practice. ARTICLE 19’s Comment is based on international standards outlining best practice for access to information laws. We refer specifically to two of our key publications – A Model Freedom of Information Law (Model FOI Law) and The Public’s Right to Know: Principles on Freedom of Information Legislation (Public’s Right to Know) – which encapsulate the accepted international standards. Both of these publications are available on ARTICLE 19’s website (www.article19.org). 1. General Comments There are four essential components of a functioning freedom of information or access to information law: a presumption in favour of disclosure; procedural means by which the right of access may be exercised; a clearly defined regime of exceptions to the right of access; and the right to appeal any refusal to provide information or any other claimed breach of the right of access to an independent body. Each of these components are ...