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