Political System and ELECTION LAW Rappateur: M.Tungalag Head of the Mongolian Social Democratic women Movement I have prepared the present paper on the issue of political system and the election law on dwelling briefly on to the political system and the election law, being created in our country and to present to you our ideas on how we can increase the women representation at decision-making level and under what kind of election system during the democracy. As you are all aware one of the pecuciarities of Mongolia is that the country is shifting by a peaceful way to a democratic relations system with political parties and active political supporters advancing further from the political system with centralised controlling. It is necessary to have a powerful civilian society in order to participate in the democratisation process and for this purpose various NGO-s should operate in the country. Moreover, there is a need for all peoples, males and females to take part in social activities on equal footing. In this direction Mongolia makes better steps. At present , in Mongolia 15 political parties, including four (4) parties having a seat in the Parliament are conducting their activities so far. One of the positive phenomenon emerged in the field arena of political competition is that instead of stationing in Ulaanbaatar city the parties had opened their branches in rural and remote localities. By doing so the parties have been strengthened structurally and in organising and have created the opportunities for electors to make a selection and to take part in policy making of the country increasingly. In the result of the democratic reforms, commenced in the Mongolian society since 1989 and 1990 , a free -parliamentary election for the first time was launched in 1990 and after that there has taken place parliamentary elections in 1992 and 1996 and in the years of 1993 , 1997 - President elections. This was the collapse of a totalitarian political regime in Mongolia. This was accompanied with the natural consequences of understanding of a number of terms and terminologies anew on state and policy studies and as a result for us the Mongols the former understanding of or on the central body of the political system or on the subject or object "State" on both hands appeared to be absolutely a new meaning. It appears that in a political system such definite elements combination as people, interest groups, political parties and state and their interaction being the subjects gaining specific place in the political system as a whole witness the nature of the given political system and the potentiality of its existence. In general the question how to understand the essence of the state power and the matter of the definition of the political system finally touches the issue of putting into practice namely, into human society the principles of human rights and freedom. From the point of view of historical development of nations and countries of the World the free election constitutes the most paramount one amongst the basic principles of a democratic legal governing. Once the Mongolian community has adopted this principle naturally had stipulated in the Constitution of the country that we, the People of Mongolia shall aspire towards the supreme objective of building humane, civil and democratic society in the country. If we take the history of political development of Mongolia before 1990s , notwithstanding the reguality of elections in the country they in their essence had been not democratic and free, but merely symbolic. Despite the fact that the elections involved the entire population by 100 per cent it would not be an exaggeration to admit that THEY HAD BEEN FORMAL without any proper competition and in general there existed a vague idea about the opposition forces under the umbrella of ideology at that time. At present the situation has cardinally changed and the election taken place after 1990 had been conducted under justice and freedom. The right of citizens of Mongolia to elect and to be elected and the equality in election was guaranteed by the Constitution promulgated in 1992. But the competition in the election through advancing one's promotion , in particular , in the case of free elections is still taken today as a simplified understanding as if it were a mere struggle and wranglings for the sake of position and seat. Mongolia like other democratic states of the world has promulgated the main principles of multiparty democracy by its Constitution . The core principle of this theory is to render support on the part of the state power in a just combination of the interest and benefits both of all that strates of the society and the citizens and we still face the problem how to put it into practice. The universal value of the Mankind is being implemented through the democratic parliament of governing representation based on multiparty ideals principles. The keeping close to the principles promulgated shall directly depends on the election system, laws and their implementation. There could be made a great number of conclusion on the analysis PERFORMED to the information data received in the result of the President's election and the sociological study opinion poll. Let's mention some of them here: 1c. If we take attentively in detail the contents of the Law of Election of the State Ikh Hural and the Constitution of the country it appears that the Election Law does not constitution and interpretation of the Constitution and an instrument of its implementation so far. 2c. In case if the acting law of the election of the State Ikh Hural and the independent status of the press and information means are implemented and definite conditions are being created economically and politically there will be earned probability for the wealthy people, competent bosses and gifted and talented people to be distinguished and even in perspective this maybe give an impetus to the formation of a community of individuals capable to cause difficulties for many small parties to elaborate a comprehensive policy on different and various comprehension. This will be not a democratic political system but means that it will contribute to the formation of authoritar regime. 3c. At present the tendency of negating the sense and meaning of the political party amongst the public has started and a political gasp is increasing. This will in future open a genuine possibility for many minor parties, individual nomination groups to become a majority in the state law-making bodies and which maybe lead to a distortion of the essence of the main principle of democracy , proclaimed by the Constitution. 4c. For the time-being there are observed that the 76 members elected from 76 districts by local representation express prevailingly the interest of the given district which in its turn puts back such a factor as the universal interests of the country or leaves them behind. All this requires to change the election and accordingly a working panel was set up in the State Ikh Hural and is elaborating a draft law thereon. If we take the stand points of the members of the working group , the lain discussion relates to whether the election system should be proportional or mixed and whether the election system should be proportional or mixed and whether it is convenient to organise simultaneously the elections to the State Ikh Hural and the local elections. Now let's exchange opinions on the possibilities of increasing the women participation in the decision -making level. This particular issue is being seriously undertaken by the women NGOs in our country more attentively in co-operation with each other and though the Government "Action Programme on the Promotion of women's position" has reflected a stipulation to bring the representation of women up-to 20 percent and several documents have been adopted but remained on the paper. On the eve of 1996 Election to the State Ikh Hural , the Forum "Women in Politics" and a proposal to establish a quota among the candidates of political parties was advanced , but unfortunately it was in vain. As the Election law was conducted by above matter to gain a success during that election. Once so , what is the core of the problem, and where are the obstacles? The proportional election system is considered to be the most advanced one in international practice and it was witnessed that it increases the women representation. The main content of this principle is "the distribution of power according to the vote enjoyed". In other words a subject that has succeeded to gain 10 percent of vote shall enjoy the power within this 10 percent. This is why it is more convenient during the parliamentary election to follow this very principle. This proportional system permits to establish a quota and to increase women's representation not dependent on that of males. But there are negative sides. Here the inner democracy of political parties is of paramount importance . this issue is not settled for the present time, it is still hanging on. During the existence of the above election system the individual persons, who are in the leadership of political parties enjoy more powers. - Also , if we take the experience of countries that had succeeded in the genuine increase of women's representation it could be said that under the political stability it is considered that the brave and sharp decision- making becomes essential under unstable political conditions. - Women's representation increases when the number of families with an average income in the society reaches over 50 percent. The reason is that as an individual and the living standards of a family are less dependent on the general conditions of the country the living conditions are being bettered and the social stability is ensured. - Easing the labour conditions of women and introduction of corresponding new techniques and technology , as revealed, add to the increment of women's representation. Finally , we have correspond to matters pragmatically. What does this mean? It is clear to all that problem is missed for failure if we do not put any proposals or options we advance and select into the interests of any party or definite group which have prevailing influence on the politics of the I suppose that women's NGO's will gain results in case if the election law is to be approved by one of the above two options (proportional, mixed) , more attention will be given to the inner democracy of political parties and fruitful collaboration will be developed for the establishment of quota. Though the equal rights of electors were rectified considerably in the result of amendments and changes into the Election law in 1996, I would like to note that the women representation has not found its full reflection in the distribution of seats in the State Ikh Hural. Thank you for kind attention. Translated by : NBS