President seeks to disband MPP
- By Misheel Lkhasuren -
- Apr 21,2021
On April 19, President Kh.Battulga reported that an ordinance on disbanding the Mongolian People’s Party (MPP) was issued and submitted to the Supreme Court.
The president’s ordinance states, “The ruling party violated the constitutional requirement for political parties to ‘maintain security of the government and comply with the rule of law’. MPP unlawfully transferred the constitutionally-proclaimed state-oriented governance system to a party-oriented governance system by subverting the government bodies that are required to abide by the law and to operate in an independent manner, and by turning public service into a structure that illegally and obediently fulfills the tasks assigned by the leaders of the party. The party’s actions do not comply with the Constitution and the Law on Political Parties. They attempted to take over the state power by unconstitutional means, and furthermore, to militarize the party’s local offices and local governors, who are responsible for the functions of public administration. In accordance with the relevant laws, I issued an ordinance, declaring the concurrence of conditions to disband MPP.”
“The unconscionable and illegal oppression by MPP jeopardizes the Constitution, the foundation of Mongolia’s integrity, independence, and freedom of the people, and threatens democracy, national security and safety of the people of Mongolia. The government, responsible for the nationwide management of implementation of the Constitution and other laws, was ousted within a day upon a decision taken by the party. Moreover, two of the members of the National Security Council (NSC) have become incapable of carrying out their duties as members of the council without the consent of MPP. In consequence, the NSC has not convened since the beginning of 2021.”
“The leader of MPP, while he had been in office as prime minister, undertook actions through the State Registration Office to disunify the Democratic Party, the opposition within Parliament that has been formed through the will of the people, which leads to the disruption of national unity.”
“The fact that the leader of MPP U.Khurelsukh, himself has founded an organization called the Mongolian Military Union parallel to the party and arranged for the organization to have a branch at each military staff of local administrations, is proof that the party has adopted a militarized structure. This is also a cause of suspicion that the party is at risk of executing military actions through the organization in question.”
“The politically-motivated activities of MPP have completely subverted the constitutionally-established state administration and accountability system. The party has also been exploiting the COVID-19 pandemic situations for its political ends,” he added.
The president also called upon the ordinary members of the party to stay clear of any influence or provocation, Parliament to exercise accountability and stability, and each lawmaker to remember their role as the emissary of the people, and reminded them to fulfill their duties with honor.
MPP SAYS PRESIDENT BROKE THE LAW
In connection with the president’s ordinance, the Board of the Mongolian People’s Party (MPP) convened and issued a statement on the same day. Some party members also held a press briefing on the statement.
The party believes that the presidential ordinance violates more than 10 laws, including the Constitution, Law on National Security Concept, Law on President, Law on Political Parties, and Criminal Code.
MPP called on other political parties to unite against attempts to establish a dictatorship, usurp state power by unconstitutional means and undermine the parliamentary democratic system through dissolution of a political party.
Lawmaker Ch.Khurelbaatar said, “We are trying to create a law-governed politics. Violating the law is an arbitrary act. In other words, it is an attempt to drag Mongolia into a dictatorship. I hope that the Mongolian people will support the principle of respect for democracy, human rights, freedoms and choice, which has been established by political parties and the people.”
“The president has a responsibility to ensure the unity of all people. The president has no right to submit an ordinance to the Supreme Court. In accordance with the Law on Court, the president does not have the right to infringe on the independence of the judiciary,” legislator B.Enkhbayar emphasized.
Minister of Justice and Internal Affairs Kh.Nyambaatar stressed that the president’s statement violated his oath.
Noting that an ordinance is issued for internal affairs or operational matters, lawmaker J.Sukhbaatar said, “The Constitution states that a president shall issue a decree in accordance with the law, and it shall be revoked by the president or Parliament in case of violation of the law. The president’s ordinance is seen as an attempt to circumvent parliamentary oversight. The president’s relations with government agencies are regulated by law. Amendments to the Constitution clearly define the powers of the president, and some rights are enshrined in the Law on President. In particular, the president is responsible for bringing political forces to national unity and consensus only when it is necessary to deal with the issue of political parties. But the president has no responsibility to disband a party or fight any political force.”
NLP SAYS PRESIDENT’S ORDINANCE IS UNCONSTITUTIONAL
On April 20, the National Labor Party (NLP) issued a statement and expressed that President Kh.Battulga, who must represent the unity of the Mongolian people, has acted in a way that breaches the basic principles of the Constitution.
Noting that they do not accept any act of dividing the people, the party demanded Parliament to hold the president accountable.
The NLP also stated that in order to strengthen democratic governance with a multi-party system, the party supports the dissolution of political parties, but it needs to be implemented in compliance with the law.
In addition, on April 20, Chief of the General Staff of the Mongolian Armed Forces (GSMAF) D.Ganzorig reported that the president visited the GSMAF after his statement and the visit to the GSMAF was not political in nature.
He said, “The activities of the working group on improving the military service were discussed. The president asked about activities related to the military alliance.”