Training about the Extractives Sector

By Julian Dierkes

One of the specific focus areas in CIRDI’s “IMAGinE Mongolia” activities is to draft a training curriculum to provide an introduction and overview, but also specialized training to the public and to officials in four aimags, Selenge, Uvurkhangai, Bayankhongor, and Uvs.

We are very pleased to currently collaborate with three colleagues from Шинжлэх Ухаан, Технологийн Их Сургууль (ШУТИС, Mongolian University of Science and Technology, MUST), historian Enkhbat A, political scientist Myagmarsuren D, and political scientist Tuguldur Y. They are visiting Vancouver to work with us on the structure of what a modular training curriculum will look like as well as the identification of existing training materials (Mongolian and Canadian (French & English)) that might fit into such a curriculum.

Some of the elements of their preparatory work to develop a catalogue of training materials is quite striking. For example, when they classified training materials as being basic and aimed at the general public, as opposed to intermediate and expert levels, they found that only 3% of all training materials are of such an introductory nature.

When we compare the Mongolian materials to the Canadian resources that Claire Vivier and Petrina Torgerson have found as RAs for this project, it’s also striking that the vast majority of materials target industry. There are few training materials that are focused on government officials, especially at the local level, and there are also very few materials that address communities.

As “free and prior informed consent” is an element in community relations and the desire to obtain “social license to operate” it appears that the information asymmetry that exists between international mining companies and national governments (Rio Tinto and Mongolia, for example) is replicated at the provincial and local level. As the Mongolian government is devolving some decision-making and regulation of the extractive sector to the aimag and soum level, capacity to first understand mining projects and how they unfold and then to ensure sustainable development through effective regulation, appears to be needed in a significant way.

Posted in CIRDI, Countryside, Development, Education, Environment, Higher Education, JD Mining Governance, Mining, Mining, Mining Governance | Tagged | 2 Comments

Digital Diplomacy tied to ASEM

By Julian Dierkes

Some weeks ago I wrote about the potential for a Mongolian digital diplomacy. That post generated a lot of interest (over 500 readers in less than 2 months). The tweet about this post was my most-viewed tweet ever (over 21,000 impressions), in part because it received over 130 re-tweets, including by many Mongolian embassies and consulates. The popularity of this tweet may have been in part due to the fabulous graphic that came with it, but hopefully also suggests that I struck a chord among social media savvy Mongolians and a desire for more strategic activities by their government.

It seems like officials at the Mongolian Ministry of Foreign Affairs were thinking along similar lines.

ASEM as a Digital Diplomacy Opportunity

In my January post, I had pointed to themes that seemed like candidates for building blocks of a Mongolian digital diplomacy:

  • democratization;
  • impact of climate change;
  • resources and experiences with global investment from vantage point of developing country/resource economy;
  • Northeast Asia, including Ulaanbaatar Forum
  • Mongolian leadership
    • ASEM 2016 (Twitter account exists, but very much in broadcast mode, not engagement)
    • UN Security Council candidacy for 2022: making a case for presentation of land-locked developing countries, democratized countries, small countries, etc.

I had already received some responses to that post from the ASEM organizing office over the past several weeks, but they reminded me of their efforts recently, prompting me to take another look at their website, asem11.mn. And what a good example of strategic digital diplomacy engagement this has become!

ASEM is the Asia Europe Meeting which Mongolia will host this July. It is the biggest formal summit between European and Asian countries and will meet for the 11th time in Mongolia. While ASEM doesn’t have any legislative or regulatory ambitions, it is a significant foreign policy event and of great significance to Mongolia in fitting with its foreign policy. At the same time, the Meeting will be fairly disruptive to many Mongolians living in Ulaanbaatar, so an outreach strategy to Mongolians and abroad seems especially useful.

The post on “4 Things We Can Expect from Mongolia Hosting ASEM” (Mongolian) illustrates this nicely.

First, I would note that this is very much a blog post in its style. Blogs have generally been underused as digital diplomacy tools (my sense), but this is a nice example. It is somewhat informal (though not casual) in the approach it takes, even going for a moderate version of a “listicle” with its “4 Things” title and organization of the post into four main messages.

Secondly, the post responds to popular concerns that have been voiced on social media in Mongolia, i.e. why is scarce state funding to hosting a large-scale summit. These concerns have been echoed by PM Saikhanbileg who recently urged austerity, at least when it comes to furnishings for the ASEM press centre.

Thirdly, the post addresses some of the fundamental precepts of Mongolian foreign policy in an approachable fashion, for example the notion that visibility is desirable, or that trade agreements are an element in Mongolia’s international strategy and how both of these goals might be supported by hosting ASEM.

I’m a little less sure that ASEM is likely to generate in-bound FDI, I rather suspect that any new wave of FDI will come only with a sharp increase in commodity prices over coming years, but the post makes a plausible case for this as well.

Other posts at the ASEM website follow in this vein. The Chef’s Skills Challenge post demonstrates lighter side that nevertheless might be very important in shaping visitors’ impression of Mongolia. It also makes the event somewhat more approachable to Mongolians, but possibly to some of the civil society visitors.

The ASEM website thus builds nicely on the greater visibility of the MFA and of the ASEM in particular via social media.

Transparency, but Where to Next?

Overall, I’m thus quite impressed with some of the steps the ASEM website has taken. What it does not to (and many other MFA’s including Canada’s Global Affairs don’t either) is open itself to substantive engagement that might have an impact on policy as it is being formulated.

There are no comments to this site and I don’t see any pages that actually open up policy for discussion.

Notably there also isn’t very much discussion/information on the substantive aims for ASEM. Are there specific issues between Asia and Europe to be addressed? What might these be? What role would Mongolia play in addressing these issues, etc.

But perhaps that will be a step for future summits or foreign policy initiatives.

Posted in Digital Diplomacy, Foreign Policy, International Relations, Mongolia and ..., Social Media | Tagged | Leave a comment

Mongolia Doubleheader March 18 “Rinks of Hope” & Amb. Ed Jager

On March 18, the Program on Inner Asia at UBC will host an afternoon of Mongolia events.

Conference Room (Room 120)
CK Choi Bldg for the Institute of Asian Research
1855 West Mall

16-17h Film Screening

“Rinks of Hope”

When two Canadian coaches volunteer to help kick-start youth hockey in Mongolia, they discover that even on the world’s most frigid outdoor rinks where obstacles to playing are many, the love of hockey reigns supreme.

Rinks of Hope: Project Mongolia chronicles the five day road trip of brothers Nate and Boe Leslie as they coach children and teach coaches in the big cities and small towns of northern Mongolia.
Nate Leslie and film-maker Karin Larsen will be present for the screening.

Open to the public by donation.

17-18:30h Public Presentation

Ed Jager, Canadian Ambassador to Mongolia

“Canada in Mongolia, Advancing and Promoting our Partnership”

Ambassador Jager worked as a lawyer and sales representative in the private sector before joining the Department of Foreign Affairs and International Trade as a trade policy officer in the Investment Trade Policy Division in 1999. His previous postings have included that of trade commissioner in Jakarta from 2000 to 2003, senior trade commissioner in Lima from 2005 to 2007 and political adviser in Kandahar from 2007 to 2008. His most recent posting, from 2008 to 2011, was as Canada’s senior trade commissioner in Brazil, based in Saõ Paulo. In Ottawa, Mr. Jager represented Canada’s interests at APEC from 2003 to 2005 and helped to negotiate Canada’s air transport agreements from 2011 to 2014.
Ambassador Jager and his wife Cathy have five children and seven grandchildren.

Amb. Jager’s presentation is free and open to the public.

Posted in UBC Mongolia Lecture Series | 2 Comments

Mining Governance: In the Eyes of 2016 Graduates

Let’s put ourselves in the shoes of 2016 graduates from universities and postgraduate schools either abroad or domestic alike.  All graduates have invested their energy, time, and money to attempt to learn everything that would equip them to become good professionals and public servants. Here I would like to talk about the ones who are dreaming to become the best public servant in Mongolia’s mining governance.  These are the ones who disliked the naming of their homeland as Minegolia, are irritated with the prevailing corruption, and saddened with irresponsible mining activities.  They departed for learning at the beginning  of the ‘mining bust’ but they made their choices as a result of the ‘mining boom’ when almost all Mongolians became mining policy makers and professionals.

Although excited for upcoming graduation ceremonies, they are much more concerned with the fear of being unable to pursue their dreams of making the country’s mining governance better. All they hear are unpromising, negative news and rumours about economic decline, crisis, loss of investors, drawdown of personnel, mothballing operations, likelihood of bankruptcy, and political instability.  Reaching to organizations like the Ministry of Mining and its agencies (mineral resources and petroluem), where they would love to contribute their newly attained knowledge, are difficult unless you know somebody – the insider.  What can the graduate do?

For one, the graduate can follow the formal path of following the ads of the Civil Service Council and taking the annual exam for public servants.  But, you will probably not hear back from them; even if you hear back from them – the news is always discouraging. Even if fortune smiles on you because of your merit, you will have to crawl through the minefield since you have no connections.

The second path is investing into the political party. Your options are very limited since there are two major parties and three minor ones that are competing for a share of the ministries and agencies. Also, there are already so many previous graduates who have  taken this path and are still fighting their battles. Once inside the party, you need to make your bet carefully depending on factions and charismatic leaders.  If you’re lucky, you can get appointed to some junior entry jobs or senior political posts – but it is likely that you will be branded with that political party.

The third option is joining your ‘homeland’ councils – these are becoming important political organizations in contemporary Mongolian politics.  As the trust declines in the society, informal institutions like this one provides more certainty.  You need to establish your ties with the homeland organization and influential people within those organizations.  You do not necessarily have to be born in that locality, but you can pursue either of your parents’ lineages. Then you need to make some investment into the homeland councils, ranging from fund-raising to organizing/attending any of their activities.

The final option is to invest into the public service with actual money.  If you’re the princeling of new capitalists, you do not need to worry so much about getting public service jobs. Or if you are in the horse-racing associations, you can probably get a helping hand from the wealthy horse-racing politicians.  But, if you are not either, then you better look for connections – then ask them to pull the strings for you to land the public service job – where you can devote your time and energy to implement things you’ve learned at the undergraduate and graduate schools.

A smart graduate will probably check out all these options or employ them simultaneously. If you are already on the inside through one of these methods, you need to help to put the system back on track by reducing the other non-merit based paths.  Because non-merit options will never provide certainty for you and the country and it will never help you fix mining governance. Otherwise, you will be contributing to this decaying system. Hopefully, you and the majority of political and economic elites could put back the first option as the entry for all new graduates.

 

Posted in Mining, Mining, Mining Governance, Public Service, Uncategorized, Youth | Tagged | Leave a comment

Mining Governance: Learning from Erdenet

"By the Erdenet Principle," on the MPP protest ger near the Government House, December 2015

“By the Erdenet Principle,” on the MPP protest ger near the Government House, December 2015

By Mendee J

As Mongolia struggles to make deals over giant mining projects like Oyu Tolgoi and Tavan Tolgoi, the country’s politicians, economists, mining professionals, and the public refer to Erdenet, the Mongolian-Russian joint copper and molybdenum factory, arguing whether or not lessons of  Erdenet would apply to these projects.  Some demand investors to build a city like Erdenet near these projects while others pressure for more management involvement from the Mongolian government as well as senior positions for Mongolian citizens. From the initial PR campaign of foreign investors and Mongolian politicians, people believed in major economic development as well as spill-over benefits from these mining projects.  In reality, it is very unlikely that today’s foreign investors will build cities for Mongolia and pouring money into large-scale shared value projects like the power plant, the smelter factory, or even a railroad as the Erdenet project did.  If we’re taking Erdenet as a model for these reasons, we are wrong.  However, the Erdenet mining project offers many other valuable lessons for Mongolian politicians and foreign investors even if the factory was built in 70s and 80s.  For this blog post, I would like to highlight three lessons regarding the elite unity, the resource nationalism, and the state-ownership.

Absence of Rent & Fame Seeking Elites

The most important lesson that Erdenet offers for today’s politicians is elite unity for making, implementing, and honoring their decisions. In 1960s and 70s, Mongolian elites were united under the goal of national development as the country was regarded as the least developed and most aid-dependent among the communist bloc. Just like in 1990s, when experts of international financial institutions (e.g., IMF, WB, ADB) were advising  Mongolia to use its natural resources to develop its economy, the Soviets and COMECOM in the 1960s were advising the same and invested into extensive joint geological explorations. Although Erdenet was found by Czechoslovakian geologists, the Czechoslovakian government was unable to respond to the Mongolian request for a joint venture because of the 1968 Prague Spring and the large-scale of the Erdenet project.  So then, Mongolian political elites successfully lobbied Moscow (esp., Brezhnev and Premier Kosygin) to secure the Soviet investment into this large scale project.  Initially Russians were reluctant, but there were other factors also played role in the Russian decision-making process.  It had lost the potential copper supplier, Chile, following the coup d’etat in 1973, civil war had prevented Soviet investment in the copper deposit in Afghanistan, and its own deposit in Udokan was technically costly to operate.  Mongolian political elites made the quick decision to attract the Soviet investment and provided political support for its professionals to implement the project.  Of course, the decision-making process was easier in the authoritarian regime; however, we could not neglect the existence of the formal political institutions and procedures.  Furthermore, it would be mistake if we neglect the political elites’ unity and their support for professionals – who implemented the project along with their Soviet counterparts.  The most important lesson for today’s politicians is to withhold their rent and fameseeking interests in regards with large-scale projects.  Unity, timing and commitment for their decisions are the most critical factors for a landlocked country to attract foreign investors; otherwise the landlocked country is always unattractive due to  the lack and cost of infrastructure (i.e., rails, energy, and water).

Coping with the Resource Nationalization

Another lesson that Erdenet offers is experience dealing with the resource nationalization issues without interrupting the factory’s operation.  There appear to be two main causes for Mongolia’s call for resource nationalization at the Erdenet.  For one, as Mongolian high-ranking politicians and especially economists provided evidence of unequal trading patterns and inefficiency of the Erdenet factory due to the low export price and royalty exempt.  After the issue was raised in 1983, two governments stopped the state subsidy for the Erdenet in 1985 and the royalty exempt was ended in 1991 [as agreed in the long-process of negotiations of 1980s].  The other issue was the rising discontent of Mongolian mining professionals and the public in Erdenet.  As Mongolian mining professionals were educated and trained at the same schools in the USSR, their counterparts (i.e., Soviet expats) at Erdenet were paid two-three times higher and their promotions, as Mongolian professionals considered, did not follow the professional merit principles.  The Soviet expats living in Erdenet had the privileges of separate housing, stores, hospitals, schools, kindergarten, and recreational facilities.  In addition to public sentiments over “segregation”, crimes and violations of Soviet military personnel in Erdenet were rumored, but not officially disclosed to the public; this also contributed to the public discontent and even the sudden rise of anti-Soviet attitudes in Erdenet in 1989-1990s. Unlike pro-democratization protests in Khovd province and Ulaanbaatar, Mongolian workers at Erdenet were actually protesting for the nationalization of the Erdenet factory, including demands for increasing Mongolia’s share of the factory, positions at the senior management, and salary/benefits for Mongolian workers.  For example, in 1988, 75 percent of employees were Mongolians, but all senior management posts were filled by the Soviet expats. As a result of Mongolia’s discontent at the senior national government level, mining professionals, and the public, a number of compromises were made by 1991 through a long process of negotiations.  Erdenet demonstrates that resource nationalization issues always remain on the table as the host state’s institutional and particularly professional capacity increases; therefore, both sides must have a stable, transparent process that will solve problems based on facts, evidence, and reasonable justification.  This process must be insulated from the short-term political, economic, and social pressures.

Dealing with Political (Entrepreuners) Rentseekers

The other lesson we must learn from the Erdenet is why, how to protect the management of the State Owned Enterprise (SOE) from the rent-seeking political entrepreneurs, parties, and politico-business factions.  Following Mongolia’s steadfast demand, the first Mongolian director was appointed in 1989 and Mongolia increased its equity share up to the 51 percent in 1991. Under the charismatic, highly-professional, and skillful manager, Sh Otgonbileg, the Erdenet factory survived the toughest periods of political and economic transitions of 1990s and was almost the only contributor for the country’s GDP.  However, being the state-owned enterprise, it was considered as the honey pot for politicians, political parties, factions and for the others.  For political parties, the Erdenet factory provides  an administrative and logistical support to consolidate their party base in the second largest city of Erdenet as well as surrounding provinces.  In order to do that, political parties need to have their supporters at all echelons of the state owned enterprises and launch campaigns among all 6000 employees.  For entrepreneurial (i.e., opportunistic and rent-seeking) politicians and factions, the Erdenet is a place to win any contracts, ranging from heavy equipment to diary products.  For this reason, they need to establish political and business connections with managers of the Erdenet or keep them in their political and business sphere of influence.  For others, the Erdenet became the most “philanthropic organization” and also a supporter of the Mongolia’s leading athletes.  In the absence of the ‘rule of law’, the Erdenet sets a bad example of the state ownership.  All senior managerial posts of the Mongolian side became political.  As a result, the top managerial posts became political posts, which changed after every parliamentary election, and these party-affiliated managers owe their support for respective political party, faction, and even individuals.  A numerous allegations about non-transparent tenders and contracts will be surged during pre-election periods, but silenced after the election.  In the absence of impartial, proper, and complete investigations and monitoring, Erdenet would still remain a honey pot for political and business rent-seekers.

As portrayed in the photo of the opposition party protest in December 2015, politicians still believe there are lessons to be learned from the Erdenet mine; in the belief that it will trigger popular support.  This is a reasonable strategy for the political party, but the parties need to be clear on what lessons we should learn from Erdenet – since this is the first largest copper factory not only in Mongolia, but in Asia, a pillar for the bilateral relations with Russia, and a catalyst and shaper of  Mongolia’s mining governance from 1970s. In all, I stressed three main lessons we can draw from Erdenet: the importance of the unity of ruling elites for time-sensitive, major mining projects in a landlocked state, having the process to deal with the inevitable nationalization push, and insulating the state owned enterprises from the rent-seeking politicians, parties, and factions (unlike Erdenet).

Posted in CIRDI, Erdenet, Governance, Mining, Mining Governance | Tagged | 4 Comments

UBC Outreach Event: CIRDI’s IMAGinE Mongolia Activities

Thursday, February 4, 2016, 15-16:30h
Institute of Asian Research, University of British Columbia
1855 West Mall, Room 120
Vancouver

IMAGinE Mongolia Outreach

You are invited to learn about the “Integrated Management and Governance in Extractives (IMAGinE) Mongolia” project from the Canadian International Resources and Development Institute (CIRDI).

Project lead, Dr. Julian Dierkes (Institute of Asian Research, UBC), will introduce the planned activities and invite collaboration from graduate students and colleagues who are focused on governance, policy and education related to mining; landlockedness; and Mongolia.

IMAGinE Mongolia is a multi-year project that supports provincial and local administrations in Mongolia with increased information so they can fully participate in the sustainable management of Mongolia’s extractive resources.

CIRDI’s mission: To improve, in a measurable way, the ability of developing countries to manage and benefit from their extractive sectors in order to catalyze sustainable economic growth and reduce poverty.

Posted in Aimags, Canada, CIRDI, Development, Environment, Governance, Inequality, Mining, Mining, Mining Governance, Research on Mongolia | 1 Comment

Mining Governance: Tavan Tolgoi

Tavan Tolgoi was a costly test for the Mongolia’s mining governance.  It tested the resilience of the revised mining governance under the 2006 Minerals Law, checked the unity of political elites, especially of two major parties, and examined the resolve of the state bureaucracy to implement new mining policies.  Apparently, all didn’t pass the test an even failed to capitalize the favorable momentum of the global commodity market.  But, most importantly, did we learn from our mistakes?  Did we take measures to enhance the institutional resilience of the mining governance, to unite political forces on a major (mega) project, and to insulate bureaucrats from political, economic, and social pressures? In this blog post, I will lay out the government intentions during the favorable period for mining  governance (esp., 2008-2012) and then discuss some factors that complicated the decision-making process over the Tavan Tolgoi coking coal deposit.

Intentions were clear during the coalition government of 2008 – 2012.  Under the revised 2006 mining law, licenses of the Tavan Tolgoi deposit were taken back to the state from private license holders because the deposit was discovered with state funds in the 1960s. Then the government also delegated its authority to the state-owned enterprise (SOE), Erdenes Mongol, to manage the tender process for permitting foreign mining operators while also allowing it to establish its sister SOE, Erdenes Tavan Tolgoi, to mine and export the coal.  Furthermore, the government decided to issue stock shares to its citizens (1072 shares per person) and to allow Mongolian companies to operate some parts of the deposit.  Moreover, the government hinted its ‘mining diplomacy’ by rewarding the operating licenses of Tavan Tolgoi to US Peabody Energy, China’s Shenhua and a Russian-Mongolian consortium.

In retrospect, politicians and bureaucrats in power complied to the mining governance rules. First, Tavan Tolgoi was included in the list of mineral deposits with strategic importance. Second, the SOE was established to govern the process of operating on the largest coking coal deposit.  Third, it created ways to allocate the mining benefits to the public.  Finally, it attempted to balance interests of Russia, China as well as newly found third neighbors. These decisions were approved and endorsed by the parliament, the coalition cabinet, bureaucracies, political parties, and the public.  But, these decisions were not implemented. If these intentions were formulated as a result of the formal politics, the implementation process became blurry for all actors – maybe except those in power.  The role of the informal politics has dominated the formal rules, procedures, and mechanisms; thus makes everything suspicious and non-transparent.

Seemingly, three factors, (1) competitive interests of transnational corporations, (2) dynamics of the competitive elections, and (3) interests of domestic business entrepreneurs and groups, have overwhelmed the Mongolia’s weak mining governance.

First, Mongolia now interacts with influential, experienced, and wealthy transnational corporations, including Western multinationals, Chinese state-owned enterprises, and Russian state-affiliated magnates. All are experienced negotiators and lobbyists at their respective capitals and financial centers.  The result of the first Tavan Tolgoi tendering process left Japanese and South Korean corporations unhappy while the latest made Americans and Russians disappointed.  These players have different interests and leverages over Mongolia.  Russia, a traditional ally, wants to keep its influence in mining and infrastructure, especially, the railroad. It is the only source of Mongolia’s fuel.  China, a new strategic partner, desires to secure the closest resource deposit and to link Mongolia into its regional rail network.  China is Mongolia’s only market and its infrastructure offers the closest link to the East Asian market.  Japan, the most proximate third neighbor, longs to get access into Mongolia’s mineral resources.  The US companies also make attempts to operate in new economic frontiers.  Both Japan and the US are vital partners for Mongolia’s sovereignty and international visibility. As all these Great Powers began to back up their corporations, Mongolia fails to impose its rules for foreign investors.

Second, the election logic presented another major challenge for politicians and bureaucrats because political parties in power need to win hearts and minds of their supporters and the population.  Prior to the parliamentary election of 2012, Prime Minister Batbold’s cabinet loaned 350M USD from the Chinese SOE Chalco and distributed it as cash-transfers to the public fulfilling the party’s campaign promise of mining revenue benefits.  A new cabinet of Prime Minister Altankhuyag cancelled the loan contract with the Chalco, but his action resulted in a debt because of the falling coal price.  The 2012 government revoked all major decisions in regards with Tavan Tolgoi mostly in order to discredit previous politicians who were in power, its opponent party (i.e., Mongolian People’s Party), and the coalition cabinet of 2008-2012.  Also, the newly-established SOEs, Erdenes Mongol and Erdenes Tavan Tolgoi, now follow the examples of former SOEs such as the Erdenet copper and molybdenum factory in generating funds for politicians and political parties in power as well as serving as an administration to post party officials and affiliated supporters. In 2013-2014, executives of these SOEs were investigated and fired mostly because of their political party affiliations. As a result, bureaucrats, especially at the senior level, have a little courage and autonomy to implement new policies, to uphold business principles, and even to take initiatives.  Therefore, structurally, all politicians come under pressure of safeguarding the party’s interests in winning elections and feeding its clientelistic network.

The domestic business groups and entrepreneurs appeared to be a major challenge for  effective mining governance. The railroad is a good example.  With the mining boom in Mongolia, the railroad became the most attractive business as it generates funds to do multiple feasibility studies, especially in Mongolia’s case (mainly for money-laundering), to construct the railroads, and later to own the infrastructure as well as to operate the trains.  To win these funds, domestic business entrepreneurs, corporations, and political-business factions successfully geo-politicized the railroad projects because Mongolia falls into the Russian broad gauge 1520mm infrastructure while Chinese narrow gauge sits next to its major mineral deposits.  Despite costly feasibility studies and alleged corruption investigations against these interest groups, factions, and individuals, the Tavan Tolgoi deposit remains unlinked to any rail networks. While the railroad decisions were politicized, there are a number of Mongolian companies still making fortunes from their small mining operations at some parts of Tavan Tolgoi.  These companies also have strong political representations at key political institutions, for example, the parliament.  Also, Tavan Tolgoi presents the case of the labor union’s interests.  For instance, a self-immolation of the union leader of Erdenes Tavan Tolgoi truckers at the press conference in November, 2015 caused quick action from the SOE Erdenes Mongol to revisit its contracts with foreign operators. Mongolian truckers opposed the Chinese company’s take-over of the coal trucking business because it will leave them unemployed. Clearly, the transportation of coal by either by Mongolian or Chinese trucks have been causing substantial negative impacts on the environment, health and livelihood of locals, but the government is still unable to enforce its decisions of efficient, environmentally sound mining governance.

Tavan Tolgoi is going to remain a failed case of Mongolian mining governance unless the parliamentary election of 2016 or the next commodity boom changes conditions.  It may continue to fail unless politicians unite to provide autonomy for bureaucrats and professionals and to increase the institutional resilience of Mongolian mining governance.  Because none of the political parties could solve this deep-seated institutional problem alone and enforce the decisions, political parties must insulate major projects like Tavan Tolgoi from the election timeline and business interests.  The populist type of pleasing all – external actors, domestic business groups, and the population – politics could not be a solution, but ‘making sacrifices for a long-term benefits’ seems to be the right solution for a small state in complicated geopolitical and economic scenario. Therefore, all players, especially politicians, must make a sound, timely decision and then provide an environment for the decision to live at all cost.

Posted in CIRDI, Mining, Mining Governance, Politics | Tagged | Leave a comment

The Many Habits of Successful Mongolian Digital Diplomats

I wrote “The Way Forward for Canadian Digital Diplomacy” for Canada’s The Embassy on November 18, 2015. I followed this up with a list of more specific about steps that Global Affairs Canada might take in developing Twiplomacy if this direction were to be embraced. Another version of this came as “Five Rules to Guide the Future of Canadian Digital Diplomacy“, and then I mused about criteria by which the Canadian government might decide which digital diplomacy strategies to go ahead with. Below is a revision of my list of “Many Habits of Successful Digital Diplomats” for Mongolia.

What is Digital Diplomacy?

Much has been written about Digital Diplomacy (or Twiplomacy, or Diplomacy 2.0), but at its most basic level such a strategy aims to harness the power of new electronic and information technology tools to further the interests of a country. Most prominent in the Twiplomacy toolbox are networked social media, but various big data-driven initiatives are also included in this overall category. While notions of Digital Diplomacy originated in North America, it has spread much beyond, including to Northeast Asia.

Design by Cameron Tulk

Why Mongolian Digital Diplomacy?

It’s worth mentioning why Digital Diplomacy might be of particular interest to the Mongolian government.

  1. Mongolians have become active and natural digital communicators;
  2. the 3rd neighbour policy (I’m trying to establish #3NP) targets virtual neighbours already;
  3. Mongolia’s strongest case for its relevance is its status as Asia’s post-state socialist democracy, a claim that can be reinforced through a concerted Digital Diplomacy strategy and leverages the democratic instincts of online communication;
  4. digital diplomacy can be relatively cost-effective at a time of state budgets under pressure;
  5. Mongolians in general and Mongolian diplomats in particular are polyglot, so they are able to address audiences in many different languages.

In his analysis of the network of Twitter links between ministries of foreign affairs, Oxford University’s Ilan Manor has found the Twitter account of Mongolia’s MFA to be somewhat isolated.

Network Analysis of MFA Twitter Accounts by Ilan Manor. [Graph appears by Permission]

Note that Mongolia appears in the bottom left corner here. As you can see all the links at the time of Manor’s analysis were in-bound, i.e. other MFAs linked to Mongolia’s, but the Mongolian MFA didn’t link to other MFAs.

As Mongolia’s missions have recently made a big push to create Twitter accounts, this lack of strategic linking by the HQ account is certainly a missed opportunity.

So, here is my revisions of the “The Many Habits of Successful Canadian Digital Diplomats” for Mongolia’s Ministry of Foreign Affairs.

The Many Habits of Successful Mongolian Digital Diplomats

Process and Management

  • firmly distinguish broadcast use from engagement, identify channels by use;
  • select areas of engagement strategically, building on overall foreign policy;
  • think, write, engage, review, repeat;
  • learn qualitatively and quantitatively from communicating;
  • remain platform agnostic, but include different formats. Current standard formats would include micro-blogging and blogging.

People

  • embrace facility with vernacular languages as engagement is more likely (though not exclusive to) vernacular languages;
  • digital diplomacy should be run by diplomats not social media specialists;
  • emphasize work-life balance, engagement cannot lead to expectation of 24/7 communications;
  • recognize distinctions between individuals’ and institutional presence (e.g, ambassadors vs. embassies), as they can mutually reinforce visibility, but also detract from strategic objectives;
  • engagement requires passion;
  • diplomacy has always been social and always involved networks! Actively engage foreign diplomats, most active stakeholders;
  • integrate Digital Diplomacy into job descriptions, hiring decisions, evaluations, and promotions, but not in a punitive way. Not all positions require Digital Diplomacy skills and lots of contributions will continue to be made by analog diplomats;
  • empower, support and coordinate the efforts of experimenters and pioneers.

Substance

  • all digital diplomacy activities are rooted in substance, no communication/engagement for communication’s sake;
  • obvious choices for engagement: overarching thematic priorities for foreign policy; aspects of foreign policies aimed squarely at digital matters, e.g. membership in Freedom Online Coalition, Community of Democracies, Land-Locked Developing Countries, etc.;
  • embrace the reflective nature of communication and the opportunities this offers;
  • not all countries are equally well-suited for engagement, nor is it needed or likely to be beneficial everywhere;
  • lots of subject matter is neither suited for engagement, nor should it be. The weighing of foreign policy options is sometimes conducted in private and that is how it should be;
  • stakeholders’ expectations have to be managed through forthright statements on their impact. Some engagement will not change policy, some policy decisions will contradict a consensus among stakeholders.

Mongolian

  • build on Mongolian foreign policy by developing a strategy built around democratization;
  • seek, use, nurture Mongolian format innovations, perhaps through the International Cooperation Fund of the Min of Foreign Affairs;
  • seek, use, nurture Mongolian technology/business innovations through an office/division that focuses on tech adoption. Given the vibrancy of the social media scene in Mongolia, there’s no reason why one of the next innovations might not come from here;
  • embrace polyglot talents of Mongolian(s) diplomats;
  • Digital Diplomacy is appropriate to a small power, particularly when resources at Mongolian ministries are tight.

Suggestions for Possible Themes to Build Digital Diplomacy Around

  • democratization;
  • impact of climate change;
  • resources and experiences with global investment from vantage point of developing country/resource economy;
  • Northeast Asia, including Ulaanbaatar Forum
  • Mongolian leadership
    • ASEM 2016 (Twitter account exists, but very much in broadcast mode, not engagement)
    • UN Security Council candidacy for 2022: making a case for presentation of land-locked developing countries, democratized countries, small countries, etc.
Posted in Digital Diplomacy, Foreign Policy, International Relations, Mongolia and ..., Social Media | Tagged | 1 Comment

Mining Governance: Weak Institutions and Greedy Politicians

Despite seemingly clear codified decision-making procedures that exist on the paper, the majority of the mining governance related decisions has been non-transparent and becoming more difficult to understand the politics behind them. Laws, standards, and regulations are passed today, but will be changed tomorrow.  Some of them never enforced while others are selectively enforced.  Then, politicians, bureaucrats, and private sectors blame each other before the election. Ministries, agencies, local governments sign ceremonial documents to implement these laws, standards, and regulations afterwards.  Even though the constitution stipulates the powers and responsibilities of the president, speaker, prime minister, and parliament members, all launch destructive campaigns (through media, and through their personal twitters) renouncing and denouncing mining governance related decisions.

So, for a small, landlocked state, these public relations competitions of the 100 individuals in power as well as the hundreds of others who are planning to compete for power will lead to turmoil by weakening the state institutions – which would ensure the implementation of wonderful ideas of entrepreneurial, competitive politicians. Without strong institutions, politicians can not restrain their greed for mining rents, including bonds, loans, kickbacks, royalties. They continue to use currencies (i.e., money and populism) for the political power and then use their political power to enrich their clientelistic network, to marginalize their opponents, and to hide their wrongdoings.  These politicians just  want to keep the state institutions (i.e., the bureaucratic and administrative power) as weak as possible; otherwise, the strong state institutions could constrain their parochial interests and greedy behaviors.  As a result of the instability, state institutions become vulnerable to pressures of domestic groups, external actors, and/or combination.

This is becoming the case of Mongolia.  The political power is well-dispersed and hard to pinpoint, especially, if we follow the mining-related decisions.  Who has political power? Maybe the power is too well dispersed among these actors; therefore, state institutions are weak and agents are not-willing to enforce decisions.

(1) President, Parliament Members, Ministers, Governors, Citizens’ Khural Members;

(2) Political parties, factions, individual politicians;

(3) Homeland Associations, horse-racers’ associations, business associations; ninja miners;

(4) Activists, environmental and social movements; and,

(5) External actors.

Inargueably, the power is not in the state – administrative and bureaucratic institutions; therefore, any institutions of Mongolia are weak and dependent from the political atmosphere.  Provincial administrations are vulnerable to local and also national politics.  Public servants at ministries and agencies feel insecure because of frequent changes of ministers, secretaries, and departmental chiefs.  For their job security, public servants either remain silent, inactive or seek protections from prominent figures, political parties or provincial homeland associations (e.g., prominent ones are Uvs and Khovd). Because of apparent political mingling by politicians, wealthy businesspeople, and political parties, people seem to lost their trust in judicial and law-enforcement agencies.  As the state institutions began to lose the faith of their own employees and public, they also lose their institutional capacity and coherence to enforce laws, standards, and regulations – even if they have assisted with various international institutional capacity building projects and instructed with many new directives of their newly-elected politicians.  At the end, these weak institutions would turn into simple tools for greedy politicians, factions, and groups to fulfill their parochial interests.  Therefore, the most apparent way of fixing the messy field of mining governance is to strengthen state institutions – by insulating them from the dirty politics of politicians and factions.  Only a strong state institution could enforce good ideas (i.e., laws, standards, regulations) and constrain greedy politicians.  The strong institution provides stability and certainty for investors rather than individual politicians, parties, and factions.

 

 

 

Posted in CIRDI, Mining, Mining Governance, Otgonbaayar Byambaa | Tagged | Leave a comment

Mining Governance in Mongolia: A Messy Field

This is a brief, possibly too simple title of my field research in Mongolia.  The mining governance is an interesting subject for anyone studying Mongolian politics because it links Mongolia with the world, triggers rent-seeking competition among politicians, and upsets the local community, who are affected by irresponsible mining activities.  But, the interesting question for a political science grad student is how to simplify this messy field in order to understand the politics, as Harold Lasswell puts it, “who gets what, when, and how” in Mongolia.  With this ‘mining governance’ series, I would like to share my reflections of the mining governance in Mongolia – a small (not from territorial or historical perspectives) and landlocked democracy.

A few concepts need to be clarified because there are many definitions for different purposes as well as perspectives.  For the purpose of this blog series, ‘mining governance’ means a governing process, which includes decision-making and implementing, concerning the usage of the mineral resource.  The ‘institution’ is defined as a rule, but institutionalization means to create structures and to provide resources (e.g., political will, human and material resources) to enforce the rule.  The institution has two faces – formal (codified ones) as well as informal (non-codified ones).

So, how we can examine the mining governance of Mongolia? Here are three caveats that should be highlighted before discussing the present mining governance.

Firstly, the mining governance is not entirely new to Mongolia. Since 1911, Mongolian political elites have been longing to use its mineral resources while foreigners were also exploring mining opportunities in Mongolia.  The governance could be divided roughly into three periods: pre-1960s, 1960s-80s, and post-1990.  Despite substantial differences, each period has experienced the challenges of landlockedness, dealing with Great Powers, and influential transnational players.

Secondly, the Soviet-style mining governance still has a strong influence on the current mining governance.  Its institutional structure serves as a foundation for all aspects of mining, ranging from ministries to schools and to operations.  People from the Soviet-style mining period still dominate most senior and mid-level management posts in politics, bureaucracy, and industry.  Furthermore, the majority of the public view the mining through Soviet-style mining lenses because all operational mines were built and run by Soviet-style.

Thirdly, Mongolia, like many other small, democratic, developing, and resource-based economies, face three major factors: the dynamics of the commodity market, the geopolitics of Great Powers, and the results of domestic elections.  All these factors are beyond the control of foreign investors, state officials, and the public.

With these factors (i.e., landlockedness, geopolitics, commodity markets, domestic elections, and legacy of the Soviet mining) in mind, I would like to identify the key actors – WHO are fighting over the mining rents (WHAT) and trying to change the institutions (HOW).

External actors are the transnational (multinational) corporations trying to extract natural resources, following the simple business principle ‘the maximum benefit at minimum cost’.  However, they are powerful players with support from their respective governments, international financial institutions, and investors.  Then, there are the opportunity seekers – who are mostly junior companies and mining/mining supply entrepreuners.

Domestic actors are the most-complicated to categorize.  However, they could be divided into three major groups.  One is the political/bureaucratic actors, including those affilliated to political parties and state bureaucracies. The second group is the business community, those who are engaged in mining-related business activities.  The last group is the public, or civil society; this includes people who are directly-affected by the mining activities and those unaffected by the mining.

Even though all these actors involved in the mining governance process (i.e., the decision-making and implementing process of using mining resources), the political and bureaucratic actors have the political power to set the rule (institution) and to enforce (to institutionalize) the rule.  If all other actors are fighting to get the ‘rents’ of mining, the political and bureaucratic actors are given the mandate to regulate this competition in fair, transparent, and sustainable ways.  This generates trust among all actors and reduces the uncertainty.  But, if political and bureaucratic actors themselves engage in the rentseeking game, it creates a messy field for all.  Therefore, ‘WHEN’ becomes the most important factor for these actors to change the rule and to disrupt the institutionalization process.

This framework will be used in the next blog posts – to examine Mongolian mining governance from a political perspective – to grasp the dynamics of power politics.

 

 

Posted in CIRDI, Governance, Mining, Mining Governance | Tagged | Leave a comment

Bloggin’ 2015

Happy new year!

This has been the fifth year of our blogging (we started in July 2011). Most of the writing has passed to Mendee and I, though Byamba and Brandon have continued to chip in. We’ve managed to post at least once for every month of the existence of the blog.

We wrote 39 posts this year, roughly three per month.

Over the year we’ve had 14,000+ readers looking at over 36,000 pages. On average, readers stay 1′:45″ to read 1.7 pages which has been fairly consistent over the years (2′ and 1.8 over existence of the blog. Over the existence of the blog, we’ve had 68,000 users.

The most-read post (at 560+ times) was the March 2 post about the arbitration award to Khan Resources, followed by the Jan 30 post about PM Saikhabileg’s SMS poll, and the June 2 post about policy failures (both still with 500+ readers).

Cumulatively the most-read post has been an attempt to understand Mongolia’s Transparency International ranking in 2012 with nearly 1,500 reads.

No 2015 post was read less than 40 times.

The most popular page has consistently been our listing of non-Mongolian mining companies (viewed nearly 5,000 times), though this remains in some need of updating given the departure of numerous companies over the past several years.

The greatest number of sessions originated in Mongolia (21%), followed by the U.S. (20%), and Canada (13%). The most surprising among the top 10 source countries (to me at least) is Denmark with 2% of users. Somewhat surprisingly, China doesn’t crack the top 10 users coming in at 15th. The visit of Prime Minister Modi may have catapulted India into the top 10 (8th with over 2% of users), but two India-focused posts mat have also contributed to that interest. Only single sessions originated from Rwanda, Uruguay and Samoa (among others).

Roughly half of all sessions started via an organic search, 9% via Twitter. Twitter referrals account for nearly 70% of all social network-sourced users. According to Twitter Analytics my monthly “top tweet” that directly linked to a blog post in 2015 was an October 2015 tweet about Pres. Elbegdorj’s proposal of seeking permanent neutrality for Mongolia. This post received over 2,500 impressions, was re-tweeted 11 times, and the link to the blog post was clicked on 15 times.

Mobile users are creeping up on nearly 20% of readers.

Posted in Social Media | Tagged | 1 Comment

New to Ulaanbaatar in late 2015

I’ve been keeping a list of things that are arriving to/disappearing from central Ulaanbaatar: May 2015May 2014October 2013.

I’ve copied the 2014 and 2015 lists here and am adding to it. New items since previous posts appear in italics.

What has arrived?

  • sadly, Louis Vuitton, KFC, Burberry Kids and Ugg
  • Mini, Bentley
  • child seats
  • sidewalks
  • parks
  • farmers’ markets
  • yoga
  • dogs on leashes
  • Sunday morning joggers and bikers
  • coffee culture
  • river walkway along the Dund River (under construction in May 2015 but looking very promising)
  • city park along the Tuul
  • sports cars
  • organic shopping

#Organic retail has established itself in #Mongolia

A photo posted by Julian Dierkes (@jbdierkes) on

What has disappeared, or at least nearly?

  • stationary 80s-office-phone-looking old-granny cell phone booth
  • for-pay scales (actually, they seem to be hanging on)
  • free WiFi on Sukhbaatar, er Chinggis Khaan, er, Sukhbaatar Square
  • Sukhbaatar Square, er, Chinggis Khaan Square
  • open gullys/missing manholes
  • street kids
  • packs of dogs
  • smoking
  • the sixth-floor souvenir shop at the State Department Store (though perhaps seasonal)
  • oversized sunglasses for women that were so popular across Asia (?) some years ago
  • Nescafé (see above on coffee culture)

What will appear in the future

  • navigation systems
  • wheelchair accessibility
  • bike lanes
  • new airport (apparently)
  • subway (really, I wish they had selected light rail instead)
  • Harley-Davidson
  • urban renewal and historical restorations embracing district north of government house (National University of Mongolia, German embassy, etc.)
  • road signs in the countryside (and not just the very random, very occasional ones that can be found now)
  • street names and signs in the city
  • network of cross-country riding trails (though not in central Ulaanbaatar)
  • parking (meters)
  • Combined Heat and Power Plant #5 (yeah, right!)
  • hipsters discovering УАЗ (minivan and jeep)
  • Canada Goose, Arc’teryx.

What will disappear in the near future

I’m going out on a predictive limb here… 2-3 years is what I mean by “near future”.

  • stray dogs
  • stretched-out hand to signal for a car ride
  • that awkward extra half-step on most stairs
  • whitening make-up.

What will disappear in the medium-term future

I mean around 7 years or so.

  • new (to Mongolia) cars that are right-hand drive
  • the neo-classical Ministry of Foreign Affairs building, with its Stalinist (if that’s an architectural style) spire
  • deels in the city
  • some of the downtown university campuses
  • buildings of 4 floors or less in the urban core
  • Russian minivans (УАЗ452) but see above.
Posted in Change, Curios, Social Change, Ulaanbaatar | Tagged | Leave a comment

Learning about Development Policy in Uvs Aimag

I just visited Uvs province in Western Mongolia for the first time and had the chance to meet with stakeholder representatives from government, civil society, small businesses, and the corporate sector to learn about their development policy.

One of the aspects that makes Uvs interesting is that the mining industry is merely beginning to be considered for diversification beyond agriculture, especially the famous, nutritious and delicious seabuckthorn. Generally, Uvs seems to be doing fairly well economically on the basis of its agricultural sector.

Seabuckthorn field from above near Ulaangom, #Mongolia A photo posted by Julian Dierkes (@jbdierkes) on

Hopes for mining development are focused on coal, gold, iron ore, oil, rare earths, and salt. A significant number of exploration licenses have been granted recently (75% of applications are being granted, 190 exploration licenses, 48 “A” licenses issued, ) and exploration at a number of projects appear to be underway. The development of a mining industry is seen as a main pillar for overall economic development.

It is clear that at some point as these projects rev up and might lead to production of some kind, demands for regulatory and inspection frameworks on the aimag government will increase significantly.

Fear the Ninja

The element that makes mining regulation a central concern for the administration as well as civil society is the arrival of artisanal and small-scale miners in Uvs, primarily prospecting for gold on the border with Khovd aimag. It’s not that the presence of ninja miners is entirely new, but the suspicion in the population towards ninja mining has grown significantly to be quite hostile now. And that even though many of the ninja miners appear to be local and not migrant miners from other regions as had been the case in several previous round of gold rushes throughout Mongolia.

Even though a number of the ninja projects have been formalized under the recent legislation that allows cooperatives of ninja miners to formalize mining rights, the administration is quite wary of ninja mining as it is an ongoing process rather than a finite business. With formal and mechanized mining, there comes a point in the project when it is finished. In contrast, at least in the view of stakeholders in Uvs ninja miners will abandon a location, but others will then move in to continue mining there leading to continuous and messy (in the absence of any rehabilitation) sites.

Related to this challenge is the observation that others across Mongolia have also made, that projects that are purportedly rehabilitating mining sites are really actually engaged in additional mining.

The fear of the impact of ninja mining leads to some of the sense of urgency in addressing mining regulation in Uvs where a formal mining industry of a significant scale is merely on the horizon

Desperate for information and education

The clearest message from all stakeholder representatives regarding needs in addressing mining was that information and education of all involved is most urgently needed. All discussions agreed that citizens at the local level have almost no understanding of the mining industry and of the impacts as well as the benefits that development might bring.

Basic introductions to industrial mining as well as a deeper understanding of the life cycle of a mining project (including the ebb and flow of investments, construction activities, employment, profits, (planning for closure) is needed at all levels in Uvs, from herders in the countryside to civil society centred on the aimag capital, Ulaangom, to local state authorities and inspectors, and the aimag administration. By all accounts, this need precedes all further technical education that is also deemed necessary particularly for the various inspectors.

In discussions of the optimal way to deliver such knowledge and training, many civil society representatives emphasized the need for in-person training, ideally by going from ail to ail on the basis of written materials that can then be explained by trainers. There are also some possibilities to target younger audiences through social media.

It was surprising to hear that there currently does not appear to be any organized environmental movement/NGO in Uvs.

Mine rehabilitation a recurring challenge

Another strong message was that mine closure is one of the most difficult topics for officials as well as residents to grapple with. It is unclear to most residents what exactly successful rehabilitation might look like and the financial tools that would make this possible also remain very murky. This even though mine closure is a topic that has been addressed by several development projects, including some targeting of Uvs. A very interesting suggestion from a civil society representative was the notion of involving herders in reclamation projects.

Transparency

Concerns about transparency of licensing and mining operations also centred on a lack of education. Without a deeper understanding of the workings of a mining industry, civil society representatives mentioned that attempts to press government officials for information have almost inevitably been blocked in part because the lack of precision in questions, and a lack of understanding of parts of government officials why transparency is an element in more inclusive and sustainable development. Civil society and business representatives in particular lamented the lack of willingness to provide information on the part of provincial and local officials.

Thanks to Oyun-Erdene Ch. and Damdinnyam G. for sharing their impressions of our visit.

An Aside: Social Media

You know that the world is run by social media when you notice that the middle-aged ladies representing civil society in a far western province of Mongolia are checking Twitter during the coffee break! I wonder if any of them follow me or if I follow them.

Posted in CIRDI, Civil Society, Countryside, Development, Mining, Policy, Policy, Regulation, Social Issues, Social Movements, Water | Tagged | 2 Comments

Contract transparency in Mongolian Mining

 Unbundling contract transparency in the extractive industry: the case of Mongolia – Part I

Contract transparency is crucial in ensuring deals in the extractive industry deliver better outcomes for the host nation and community. Civil society has long campaigned for contract transparency in ‘first and third world’ traditional mining countries. Except Australia, however, contracts are not common in ‘first world’ mining countries. Instead, we find in these countries a mature licensing system embedded in a well-developed legal system.

History of Contracts in Mongolia

Contracts in the extractive industry are often a highly contested political issue in emerging mining countries like Mongolia. Here, contracts with project proponents are a preferred way to grant mineral rights—particularly for large-scale projects. The Mongolian government has established many contracts with mineral resource developers since the country adopted a market-based economy in 1990. Product-sharing agreements between the Government of Mongolia and Soco Tamsag Mongol, a USA-registered oil company, in the early 1990s and a Stability Agreement with Boroo Gold LLC, a subsidiary of Canadian registered Centerra Gold LLC in the late 1990s were among the earliest contracts. By 2015, the Government of Mongolia has established two Investment Agreements, four Stability Agreements, 24 Product Sharing Agreements, and three Concession Agreements. The number of local level agreements between local governments and project proponents is not known. Moreover, the Government of Mongolia has developed model templates for establishing Product Sharing Agreement and Concession Agreement.

Stability Agreements established since 1998 were not disclosed until public discontent mounted due to some unfavourable contract terms. Three of them are available online. However, this type of contract was replaced by Investment Agreements under the Investment Law of Mongolia in 2013.

The Oyu Tolgoi Investment Agreement established in 2009 is available online. The Investment Agreements that Mongolian Gold or MAK LLC established with the Government of Mongolia in October 2015 are not publicly disclosed though it has been widely discussed in the media and parliament.

Under the Law on Concession enacted in 2010, several infrastructure concession contracts such as a concession agreement for the Erdenet-to-Ovoot railway with Northern Railways, a Mongolian subsidiary Australia-based Aspire Mining have been published online by government.

Full documents of Product Sharing Agreements of oil companies are not available in Mongolia. Surprisingly, the Open Oil, an international repository of oil contracts, contains three Product Sharing Contracts established in Mongolia.

Most local level agreements (as discussed in my recent GOXI post) are not publicly disclosed yet.

Discourse on Contracts in General

Contract transparency narratives in Mongolia are about these concrete agreements and potential agreements in the future such as a long-waited Tavan Tolgoi Investment Agreement. Surprisingly, the narratives are overgeneralized. Contracts in the extractive industry are often bundled as a general term that contains different types of contracts and agreement but the very nature and specifics of each type of contracts and corresponding financial and political significance for the country are not made clear. This approach to contract transparency seems common in other countries and international policy documents, except a focus on oil contracts.

A goal of contract transparency initiatives is to publicly disclose all contracts and agreements, especially through mandatory legal requirements. This goal has been achieved in very few countries. In many countries, contract transparency initiatives have often hit a brick wall of arguments for maintaining commercially sensitive information of investors and companies. Unless there is significant societal demand expressed through broad-based political and social discontent, the disclosure of contracts—particularly large-scale projects—has rarely been encouraged by governments and companies. Often such a ‘singled out’ discontent and discussion have led to better access to information and more disclosure of contracts. Similarly, discussions that single out a type of contract such as Product Sharing Agreements and Local Level Agreements or unbundle the general narrative of contract transparency may deliver better net results.

Posted in Corruption, International Agreements, Mining, Oyu Tolgoi, Social Movements | Tagged | 3 Comments

Methodology as a Methodology

As exhausting as all-day meetings with stakeholders can be (with a bit of jetlag, multiple languages and instant coffee thrown into the mix), I am always fascinated by how individuals present themselves, what they are looking for, and how questions and desires are framed, particularly regarding the terminology that is used.

With long stretches of untranslated Mongolian discussion that forces me to listen very carefully (as long as I am able to concentrate), I often notice many aspects of Mongolian social relations and am fascinated by these opportunities.

During recent Ulaangom meetings I noticed in particular how often the word “methodology” is used by Mongolians (арга зуй). In my experience, methodology is a word that is very rarely used outside of academic circles and universities in Canada. Why is it so common in Mongolian discussions?

Obviously I am delving into the realm of speculation here, but I hope I can stay clear of the stereotyping I often associate with discussions of “mentality” (Mongolian word for national identity or culture, worth a discussion in its own right).

It does seem to me, however, that the focus on methodology is rooted in a desire for scientific approaches with precise and definite answers that certainly was a strong element in theoretical socialism, but also in state-planning, as fake as this precision may often have been. The desire to know about a methodology might also reflect a concern about policy that may or may not be rooted in a methodology.

Of course, if the hunch that the frequent use of “methodology” is rooted in socialist discourse, it might also imply the expectation of guidance “from above” and the general respect that policy-makers of all kinds certainly command in the countryside.

No “best practice” on offer here

Stakeholder representatives are thus not at all shy about asking for instruction in a way that many audiences or interlocutors in Canada and elsewhere might be. A Canadian audience or stakeholder might be much more insistent on the process that leads to decisions whereas Mongolians are often keen on results and instructions, as long as the process by which these results are obtained is a scientific or trustworthy one.

When it comes to mining policy, this is an expectation that doesn’t match Canadian practices well. In discussions of the mining industry, we often emphasize that Canadian experiences don’t necessarily offer solutions to Mongolian challenges. This response and attitude is rooted in recognition that much has gone wrong in mining policy over many years in Canada and continues to go wrong, while some other aspects may be counted as successes. Even projects that seem to be successful by whatever yardstick they are measured don’t necessarily offer clear implications for other projects. This way of thinking regards notions of “best practice” as hubris and instead tries to offer suggestions on policy directions to avoid and some discussion of “good practice”, but always in a context that requires adaptation for local conditions, needs, and processes.

Implications for Understanding Rio Tinto Operations?

A topic that has been an almost continuous source of puzzles for me over the years has been the nature in which Rio Tinto/Oyu Tolgoi and before them Ivanhoe Mines has operated in Mongolia. It has always struck me, and most discussions have confirmed this, though some Oyu Tolgoi interlocutors have claimed otherwise, that OT is essentially run by a spreadsheet that Rio Tinto sees equally applicable to mining projects all over the world. That spreadsheet does not seem to have a lot of columns – if any – for local context, local needs, and local politics at the very local as well as the national Mongolian level. While I am generally critical of this perspective for increasing the risks of a loss of social license for a project that is so central to Mongolia’s development, I have also wondered whether this is actually not a reasonable way to run a multi-decade project on this skale. The operation-by-spreadsheet suggests a perception of local politics as “noise”, i.e. variability that cannot be controlled or addressed in an effective manner. My observations of the politics of Mongolian policy-making would actually agree with elements of such a perspective. Still, I cannot help but feel that a more concerted effort at adapting a project to local circumstances would solidify social license.

The above discussion of “methodology” now has me wondering whether the focus on some scientific precision that I think is implied in this word, is not actually well-suited to an operation-by-spreadsheet approach.

Unfortunately, as is the case for most musings about mentality, prevailing patterns of responses to questions, etc., these are questions that are very difficult to address when they involve highly complex humans and social interactions. Such questions face huge methodological hurdles to social scientists and the depth of data available for Mongolia doesn’t really make specific answers possible.

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