This year has been the most remarkable year so far in the history of the Mongolian democratic state. It is a year of proud anniversaries -- the 25th anniversary of the first election to a truly democratic Parliament, and also of the beginning of a parliamentary system that has continued without interruption – but it is also proving to be a year of amazing firsts, again to do with Parliament, so much so that people have begun to wonder how much longer it will continue in its present form. Several members of Parliament have also voiced such concerns, and some of them have privately talked about resigning before their term ends. There is widespread perception that all this negativity stems from the present Parliament being the worst in the history of democratic Mongolia. There are many reasons behind this sad assessment.
To take one, any MP can submit a draft bill on any domestic or foreign issue to the relevant standing committee for its approval, as the first step in its becoming law. There is a certain anomaly in giving a six-member committee veto power over what can be discussed in Parliament, but there have been several examples in the past three years of that power being exercised by MPs belonging to some factions of the Democratic Party for what is clearly seen as their private interests.
Take the example of the resolution allowing businesses in the 50,000-hectare free economic and agricultural zone in the Khalkh river basin to be exempt from paying any export-import tax, and would also allow foreigners visa-free stay for 30 days. There was unseemly hurry in how the standing committee approved the draft for discussion in Parliament, and it was passed on the eve of Naadam, not a time for serious debate or careful decisions. Now it is not just local citizens who are protesting that they knew nothing about the resolution and will not allow it to be implemented, some MPs are also saying they were wilfully kept in the dark and denied a chance to take part in the debate.
A glaring example of how the present Parliament works is seen in the issue of international investment in Tavan Tolgoi. Pursuant to Resolution 268, the government was about to seal an agreement after four months of intensive negotiations with an investors’ consortium chosen after an international tender, when Parliament Speaker Z.Enkhbold made it clear to the Prime Minister that if he signed the agreement, the government would be forced to resign. Since then, the Speaker has been busy getting the terms of the TT bidding changed.
He has also not allowed the proposed investment agreement to be discussed in Parliament, as it is very likely that most members would support it in its present form. Instead, he has set up a working group of MPs, headed by L.Erdenechimeg, member of Mongolian Democratic Union. True to plan, Erdenechimeg has been dealing out half-truths and untruths in press conferences, even though the working group has not even met once in full strength and has not been able to take any final decision. Her assertion that the agreement deserved to be stalled as it would have angered Russia must have surprised our northern neighbour.
A.Gansukh, an advisor to the Speaker, has been tirelessly speaking out against the investment agreement, but in what would surely be a blow to his credentials, he is widely expected to be investigated by the economic crimes department of the police on suspicion of acting illegally in the bidding for the TT-GS 267-km railway. Two people close to him, who did his bidding when he was Minister of Road and Transport, are already facing criminal proceedings. P.Bat-Erdene, former Deputy Director of Mongolian Railway, is being investigated by Interpol and B. Batzaya, a former General Secretary at the ministry, is being checked for criminal misconduct.
Nothing is on the record, but many in the know of things say that the investment agreement for Tavan Tolgoi has been substantially revised by Speaker Z. Enkhbold acting together with Mongolian Democratic Union leader and former Minister Kh. Battulga. They are in no hurry to present this to Parliament for discussion as they know they do not have the numbers to get it passed. Their strategy is to allow working group leader L. Erdenechimeg holding one-to-ones with individual MPs to bring them round, and they are willing to wait for many months before she, and they, get a majority behind them. They can wait, but can the country? Coal prices have hit rock bottom, and action against climate change would also affect Mongolian mining. The delay with Tavan Tolgoi means the Mongolian economy is left totally dependent on Oyu Tolgoi and this at a time when the size of the state debt gets ger and ger.
It is right and proper for Parliament to keep up pressure on the government, but the ultimate goal should be serving the nation’s interests. Never before have we seen a Speaker, who leads Parliament as representing the people, so obviously working for just one faction of one political party. With its reputation for sober thinking badly hit, Parliament has approved the state budget for 2016, and is slated to discuss amendments to the Election Law, the Constitution itself, and to the Law on Referendum.
A working group led by R. Burmaa since 2012 has suggested comprehensive changes to the Election Law as it stands, their 169 provisions coming in 19 sections. They seek to hold the Presidential, the Parliamentary and the local Governors’ elections at the same time, and to use electronic voting machines everywhere. The DP favours these amendments.
Another set of changes to the Election Law has been proposed by a combination of 22 parties, which includes some represented in Parliament and some not. These seek to retain the basic principles of the current law and propose eight broad changes arising from practical considerations, and have been named ‘eight positive changes’.
Among these are a modification of the system of proportionate election of party candidates, use of both electronic voting machines and manual counting, reserving for women 30 percent of the seats in Parliament, and separate dates for the elections at three levels.
Among 15 significant changes to the Constitution proposed by a working group established for the purpose in January 2015 is one to change its name to Basic or Source Law. The group also wants to restrict the number of ministries to 9, and also specifies their responsibilities. The Prime Minister can appoint up to three more ministers at his discretion. Among the other proposals are
• Up to 1/3 of the government members can be members of Parliament
• The president will be elected by Parliament for a 6-year term
• The Prime Minister will have absolute freedom to choose the government team
• Parliament will have 99 members, elected for five years.
While there is general agreement that the Constitution needs amending, the Mongolian People’s Party feels the present Parliament does not have the authority or qualification to make the changes. Many people agree and think the referendum law should be taken up by Parliament before tackling the Constitution.
There can be no question about the urgent necessity to change much in our laws and practices to ensure better governance in Mongolia, but is this Parliament to be trusted with the job? Given the partisanship and disregard for national interest shown time and again by its leader and his factional fellows, people have a right to wonder if they should be the ones to install or reject such far-reaching changes. People would prefer leaders who represent them and not narrow partisan interests to prepare the roadmap to our national future.
(L.Bolormaa wrote this just days before her sudden death.)