University of Chicago Law School Chicago Unbound
Journal Articles Faculty Scholarship
1998
Deepening Democracy: Mongolia
Tom Ginsburg
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Recommended Citation Tom Ginsburg, "Deepening Democracy: Mongolia," 38 Asian Survey 64 (1998).
This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. MONGOLIA IN 1997 DeepeningDemocracy
a Tom Ginsburg
Mongolia'sdramatic reform process continued its rapid pace during1997. The Democratic-SocialDemocratic coalition government advancedits program of economicliberalization, but voters defeated its can- didatefor president in favorof formercommunist N. Bagabandi. The new balanceof forcesreflected the deepening of theconstitutional system and the democraticprocess. Politics Preparationsfor the May presidentialelection occupied the firstpart of the year. At its22nd Congress in February,the Mongolian People's Revolution- aryParty (MPRP) electedBagabandi as chairmanand adopteda doctrineof social democracy,continuing its attemptto distanceitself from its Leninist origins.Shortly thereafter, a number of seniorfigures announced their resig- nationfrom the party. The majorpolitical development of theyear was thevictory of Bagabandi, theMPRP candidate,in thepresidential election. The formerchairman of the StateGreat Hural (Mongolia's parliament), Bagabandi won easily with 60.8% of thevote over incumbent P. Ochirbat(29.8%), whohad beenbacked by the governmentcoalition, and UnitedTraditional Party candidate J. Gombojav (6.6%). Notablysilent after the MPRP victorywere foreign donor organiza- tionswho had claimedcredit for the 1996 parliamentaryvictory of the Demo- cratsand theirallies.
Tom Ginsburgis Lecturerin Law, KyushuUniversity, Japan, and a doctoralcandidate, Jurisprudence and Social PolicyProgram, University of California,Berkeley. The authorwould like to thankShel Severinghaus,Kim Hunter,and B. Oyunbilegfor helpful comments,and the staffof The Asia Foundation,Ulaanbaatar, without whose help the article could nothave been completed.Thanks also to G. Ganzorigand theMongolian Group for the Independenceof Judgesand Lawyers. ? 1998 by The Regentsof theUniversity of California
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This content downloaded from 128.135.12.127 on Fri, 25 Apr 2014 14:08:06 PM All use subject to JSTOR Terms and Conditions MONGOLIA IN 1997 65 The votefor Bagabandi was interpretedas a protestover the rapid pace of economicreform pursued by PrimeMinister Enkhsaikhan's government. Therewas certainlydissatisfaction with rising inflation and unemployment, butOchirbat had heldthe office for seven years and many also thoughtthat it was timefor a change. Mongoliansalso seem to have a preferencefor di- videdgovernment, as therehas been onlyone yearsince the adoption of the 1992 Constitutionthat the presidentand governmentwere fromthe same politicalgrouping. Expectations that the new presidentwould put the brakes on economicreforms proved largely unfounded. Instead, pragmatism ruled theday. Bagabandi'schief-of-staff, S. Bayar, announced immediately after theelection that there were no morecommunists in Mongolia,and thepresi- dent's subsequentcooperation with the government's reformprogram seemedto confirmthis assertion. New MPRP ChairmanN. Enkhbayarwon theby-election for Bagabandi's vacatedseat in Parliament.This assuredthat the MPRP retained25 seats, just enoughwith its one allyfrom the United Traditional Party to preventan overrideof a presidentialveto of legislationand controlthe quorum for par- liamentarymeetings. On thefirst day of theOctober session of theState Great Hural, the MPRP tableda motionto dismissthe government,leading to extensivedebates in theHural and withinthe government coalition itself. The use of parliamen- taryprocedures to protestgovernment policies, in contrastwith its earlier tacticof walkingout, was a signof theMPRP's adjustmentto itsposition as an oppositionparty. Ironically, the motion for dismissal may have strength- ened the governmentcoalition by forcingit to resolve internalissues of powerdistribution. President Bagabandi supported the governmentagainst theMPRP duringthe dismissal debates, saying it was too earlyfor a change in government. In Januarythe State Great Hural passed Mongolia'sfirst-ever law on non- governmentalorganizations, laying the legal basis forthe continued develop- mentof Mongolia's civil society. Both Sukhbaatarand Freedomsquares wereincreasingly the sites for demonstrations by variousinterest groups, in- cludingactions by teachers,private truck drivers, and students.The October protestby studentsled the primeminister to accede to theirdemands for lowerhostel fees and tuition.Hunger strikes were organized by theFedera- tionof MongolianTrade Unions, the Social JusticeProtection Society, and theTsogt Association made up of thepoor and unemployed. Too oftenobservers of democracyidentify its progresswith parties and personalitiesrather than processes. The electionof the MPRP candidate Bagabandishould be interpretednot as a setbackfor Mongolia's democracy butas a strengtheningof the system of alternationof power on whichdemoc- racydepends. The 1992 Constitutionhas produceda systemthat has allowed
This content downloaded from 128.135.12.127 on Fri, 25 Apr 2014 14:08:06 PM All use subject to JSTOR Terms and Conditions 66 ASIAN SURVEY, VOL. XXXVIII, NO. 1, JANUARY 1998 expressionof alternativeviewpoints, and the institutionsof the systemare growingstronger.
Economics The Parliament'sApril decision to scrapmost tariffs on importsand exports providedMongolia with one of themost liberal trade regimes in theworld. The onlyduties that remain in place are thoseon tobacco,alcoholic bever- ages, and a new importtax on cars. Thereis also an exporttax on scrap metal. Tariffswere also eliminatedon oil, themost crucial import item, and an excisetax of 20% was putinto place instead,amounting to a netreduction of theoverall tax burden. Mongoliahad a $35.7 milliontrade deficit for the first 11 monthsof 1997, withturnover up slightlyfrom the previous year. The deficitwas attributed in partto continuedlow worldprices for cashmere and minerals.Inflation was 15.6% throughthe first 11 months,as thegovernment's macroeconomic stabilizationprogram began to bear fruit.Foreign interest in the minerals sectorintensified, and Parliamentpassed a liberalminerals law. Oil and gold productionincreased, and miningand explorationactivity expanded for ura- nium,zinc, and silver. The StateGreat Hural approved the much-awaited law on housingpriva- tizationearly in theyear, permitting 60,000 unitsof state-ownedhousing to be transferredto currentresidents free of charge. The governmentalso an- nouncedplans to privatizethe national airline MIAT, theErdenet copper ven- ture,and othermajor enterprises. The Huralalso overhauledthe tax system, puttinga progressiveincome tax intoplace. Overall,government revenues wereup fromthe previous year despite the elimination of tariffs.Unemploy- mentremained high, especially in provincialcenters, and thegovernment set new minimumwage levels,which differ from region to region. Aid remainedan importantelement of theeconomy, and new projects were announcedto improvethe telephone and heating systems. The Tokyodonors meetingheld in Octoberannounced new pledgesof $250 million,exceeding expectationsand theprevious year's pledges.
Foreign Affairs Relationswith Russia and China remainedgood. ChineseForeign Minister Qian Qichenvisited in August,and formerNational People's Congresshead Qiao Shi's visitin Aprilwas describedby a Chineseembassy official as the "biggestevent in Mongolian-Chinesehistory." Closer cooperationwas an- nouncedbetween Russian and Mongolianfrontier guards to preventrustling and poaching,which have increaseddramatically in recentyears. Defense MinisterD. Dorligjav announcedthe continuationof defensecooperation withRussia, during a Februarytrip. Minister of InfrastructureDevelopment
This content downloaded from 128.135.12.127 on Fri, 25 Apr 2014 14:08:06 PM All use subject to JSTOR Terms and Conditions MONGOLIA IN 1997 67 G. Nyamdavaain April signed a protocolextending debt repaymentsto China. Mongoliacontinued efforts to expandrelations with the West and Asia. Sistercity relations were established between Ulaanbaatar and Taipei, putting pressureon the Republic of China's Mongolia policy, which still hold Mongoliato be partof the Republicof China. MalaysianPrime Minister MahatirMohamad visited in September,bringing new investmentby Malay- sianbusinesspersons. Prime Minister Enkhsaikhan visited Japan in February, and therewere numerous trips by dignitariesto variousWestern countries. The onlynegative diplomatic incident during the year was the detentionof thethird secretary at theNorth Korean embassy in Ulaanbaatarfor attempting to exchangecounterfeit U.S. dollarson theblack market. All in all, Mongoliacontinued to advanceits basic foreignpolicy pattern since 1990: maintainclose and balancedrelations with the giant neighbors, improverelations with the West and Asia, and increaseintegration into the worldeconomy. In thislast regard, Mongolia became an officialmember of theWorld Trade Organizationon January29.
Society Mongoliansociety continued to changerapidly in responseto marketization. Therehave been manywinners and losersin theprocess. Povertyis at its highestlevel since1990, and averagecaloric intake has declined.Unemploy- mentand thehigh cost of livingare causingresidents of provincialcenters to moveto thecountryside or to morepopulous urban areas. At thesame time, Ulaanbaataris beingquickly transformed from the sleeping capital of a few yearsago. The numberof privatecars and businessesas well as new con- structionare rapidlyincreasing. Thereis growingconcern over the declining moral climate of Ulaanbaatar. The Ministryof Justicecontinued an antipornographycampaign, and a pri- vate televisionstation (supported in part by Chiistianmissionaries) has startedan anti-alcoholcampaign on its own initiative.A Science Council reportclaims that every second adult in Mongoliaconsumes too muchalco- hol. Anothermajor social issue is domesticviolence, which affects a thirdof Mongolianwomen, according to a surveyby the CenterAgainst Violence. AIDS and sexuallytransmitted diseases (STDs) are on therise, and thegov- ernmentis expandingtesting efforts. There is also a perceptionthat govern- mentcorruption is risingas well. The governmenthas continuedefforts to cometo termswith the Stalinist past, rehabilitating victims of repression dur- ing theone-party period. Somewhatimpractical ambitions about reintroduc- ing the traditionalMongolian script have been scaled back, but Buddhism continuesits revival,despite efforts of Christianmissionaries.
This content downloaded from 128.135.12.127 on Fri, 25 Apr 2014 14:08:06 PM All use subject to JSTOR Terms and Conditions 68 ASIAN SURVEY, VOL. XXXVIII, NO. 1, JANUARY 1998 Conclusion Despite economic and social problemsassociated with the transition, Mongolia'sdemocracy has emergedas amongthe most vigorous in thepost- communistworld. By any definitionof the slipperyconcept of democratic consolidation,Mongolia has achievedit. The possibilityof a reversalof the basic institutionsof democracyis almostnil, there have been several free and fairelections, and theformer Leninist party has adjustedto itsposition as an oppositionparty. There have been peacefulhandovers of politicalpower in boththe Parliament(1996) and Presidency(1997), as well as periodsof a nationalunity government (1990-92). Since 1996 therehas been civilian controlover the military. Political debate and public protest are alive, and the media is free,if not always independentof governmentinfluence. Mon- golia's extraordinarypolitical transformation deserves attention, and emula- tion,from other countries in theregion and beyond.
This content downloaded from 128.135.12.127 on Fri, 25 Apr 2014 14:08:06 PM All use subject to JSTOR Terms and Conditions