REMARK BY H.E.Mr.ZANDANSHATAR GOMBOJAV, CHAIRMAN OF
THE STATE GREAT HURAL (PARLIAMENT) OF MONGOLIA
AT THE OPENING OF THE 2019 SPRING SESSION
Members of the Parliament,
Today the State Great Hural is commencing its spring session in accordance with the Constitution of Mongolia and the Law on the State Great Hural.
This spring session is special than the others because of its expectation to address a numerous issues of concern to the citizens, the public and entire community as well.
Let me give a brief introduction of the issues into three parts.
Firstly, the public has been exposed to the strong evidence and fact about a serious violations of the laws adopted in compliance with Mongolian obligations under the Constitution of Mongolia, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Additional Protocol.
It demonstrates the emergence of distortion in the system designed to ensure a right to fair trial granted to the citizens according to the Constitution of Mongolia and of a serious problem in the judicial system.
The State is unable to properly carry out its duties to ensure democracy and human rights. The deviation in the judiciary and law enforcement bodies that might cause a negative impact on the vital interest of Mongolians and the national security is slipping out of control.
Therefore, the State Great Hural will strictly combat to completely eliminate the actions of torture and other cruel, inhuman or degrading treatment and punishment.
Thus, a few days ago we have constituted a legal oversight environment to bring a reform to judicial system, democracy and mechanism for human rights protection or prevention of its violation. I underline that the amendments made in the Law on Legal Status of Judges do not have any target to interfere in the judicial proceedings or address the issues with views of a few people.
The amendments were made in conformity with the Constitutional regulations for dismissing the judges of all instance courts according to the grounds stated in the Law on Judiciary or discharging them by their own requests.
The National Security Council is granted to apply to the Judicial General Council regarding the evidential misdoing on ethics and performs of the judges, including a damage to the vital interests of Mongolia and Mongolian people or a serious violation of human rights. The regulation is still effective for the Judicial General Council, the organization aiming at ensuring the independence of the judiciary, to make a final decision.
However, the misinformation and perversity about suspension or dismissal of the judges by the recommendation of the National Security Council spread among the society and the international community, must be corrected here.
It is expected that the inceptions to ensure a right of citizens to fair trial and to make the judicial system operate independently and responsibly, apart from influences of political and economic groups, in accordance with the Constitutional concepts and contents would be set up at the beginning of the Spring Session.
Effective measures have to be taken to strengthen the people’s belief in judiciary by promptly discussing the proposal to appoint the General Prosecutor and his Deputy, and addressing the issues regarding the Chief Judge of the Supreme Court and other relevant officials under the Constitution of Mongolia and the other acts.
With regard to the issues above, it is necessary for the State Great Hural to pay special attention to the implementation of the right to be free from torture.
Although the National Human Rights Commission submits an annual report on “Situation of human rights and freedoms in Mongolia” to the State Great Hural, it has been passed by with the discussion of the relevant Standing and Sub-Committee and its resolution on instructions. This practice will be changed, but not be repeated.
From this spring session on, the report on “Situation of human rights and freedoms in Mongolia” will be subjected to the obligatory discussion in the relevant Standing Committee and the Plenary Session as well along with the information by the General Prosecutor on the implementation of the Criminal Code.
The Standing Committee on Legal Affairs and the Sub-Committee on Human Rights are assigned to intensely discuss the report on “Situation of human rights and freedoms” and the issues on human rights and judicial reform, and then deliver to the plenary session for conclusion.
Secondly, according to the Constitution, it is necessary to abolish the unfair system shielded by the irresponsible, undisciplined law under the name of ensuring the independence of the legislative, executive and judicial powers.
Mongolians have been saying that “If the source of the spring is turbid, then the end is turbid too” which is similar to “A bad beginning makes a bad end”. Also we have proverb with the meaning “If head is malfunctioned, the leg will fail to function properly”. Thus, it is right to start from the level of authority to ensure justice, rule of law and eliminate the unfairness and immorality.
The Constitutional amendments are essential to ensure that the State Great Hural is oversighting and accountable, the government is responsible and stable, and the judiciary is independent and liable.
A proposal was reflected on the bill of amendments to the Constitution of Mongolia to appoint a judge of the Supreme Court for a certain term, to get him/her to appointment hearing, to enlarge the composition of Judicial General Council, to establish a Judicial accountability council, and to strengthen the independence of the civil service apart from politics.
I kindly request you to pay special attention to discuss from the all aspects and adopt the bill of the Constitutional amendments drafted on basis of long term research and with participation of multi-stakeholders.
Third. Important policy documents with the limited time by law are expected to be discussed during the spring session.
In particular, we must define our fiscal policy for the next three years and approve our country's economic and social development mainstreams by 2020.
The Parliament stated in the report of the implementation of the Economic and Social Development Mainstreams of Mongolia for 2018, that 29 measures have been fulfilled with 0-40 percent and the fulfillment of total 136 measures is 76.7 percent.
The spring session will discuss the unified financial report of the Government of Mongolia for 2018, the budget utilization and the implementation of the Government Action Plan. It is necessary to fully implement the Government Action Plan developed on the basis of election campaign.
It is our common responsibility to the voters to make realistic evaluation on how the commitments to the people and voters have been fulfilled, and make certain initiatives to complete the undone tasks.
The members of the parliament should approach the issues from this perspective and set up a working group on five packages of the Action Plan where each member will be in charge of one package of issue.
We have found three main guidelines when we summarize the comments and critics from people of Mongolia, warnings and advices from the large group of senior statesmen delivered to the State Great Hural: firstly, to systematize the judiciary, secondly, to make reform for retrieval of bad reputation of the State Great Hural, thirdly, the Government to make realistic, effective and substantial works to develop the nation and improve people’s livelihood.
I consider my duty to support the parliamentarians mandated to represent the people of Mongolia to work fairly for the people.
State ethics, discipline, and responsibility should be above all, since we, the members of the State Great Hural, are ruling state with the right granted to us to represent citizens. Therefore, the Sub-Committee on Ethics is assigned to draft the regulation on parliamentarians’ ethics and discipline that prohibits MPs to engage in activities with private conflict of interests, including tender, concession, investment, business loan.
Let us work hard to fully keep citizen’s trust with the thought that public policy and legislative action is a special responsibility and honored duty given to us.
We have a common goal for Mongolia and for the benefit of our people.
Unity for the development of Mongolian people is soft but big power to achieve mission to develop Mongolia and its people. Let us end the illicit politicization and division and be responsible in the legislative process by having parliamentary discussion based on evidence. I would like to call you to strive to correct what is wrong and maintain what is right all together.
Each minister of government needs to pay more attention to the implementation of the promises and action plan made to its people. Summer is not going to last forever. I demand you to intensively develop future economic prospects and export.
There is a need to actively implement and successfully achieve building and production projects such as building railroad and oil plant, implementing Tavan Tolgoi and other major projects, increasing exports and supporting import substitution industry, and to consistently implement solid work aimed to create many jobs and improve the livelihood of the people.
Supporting Cabinet members according to policy, enforcing, demanding and monitoring their action will be taken into the responsibility of the State Great Hural.
Discipline and responsibility always start with the leader as well as consistently achieve results with and through others using disciplined processes and also laws and regulations must be strong enough for the authorities or a person or organization having power or control in a particular, typically political or administrative whereas being more compassionate toward ordinary people, therefore this is the dignity of statehood as well as something like art as I mentioned before.
Since this spring session of the State Great Hural (Parliament) of Mongolia takes place, the amendments to the Law on Procedure of the State Great Hural to improve discipline and accountability of members will be enforced and as a result, when, they will use their fingerprint scanner, so that members can register their attendance, asking questions, speaking and voting during the parliamentary session.
Therefore, the situation that members register attendance on behalf of other members as well as voting will be totally eliminated.
Further, activities of the State Great Hural that is the highest governing body of the State will be brought to the same level of operation of parliaments of other countries and so in order to become an arena for public science and evidence-based debate, draft amendments to Law on Parliament of Mongolia and to the Law on Procedure of the State Great Hural will be discussed and approved by the spring session.
In the end, taking this opportunity, I would like to intentionally emphasize the fact that displaying any right thing in a way of being improper, damaged or soiled as well as concealing or misrepresenting the truth, biased reporting and various kinds of disinformation, calling for societal fissures and mutiny are inconsistent with the fundamental interests of Mongolia.
This is one of the unreasonable rumors that Mongolia is going to become the next full member of the Shanghai Cooperation Organization.
It is n policy issue, where State Great Hural should discuss whether it meets vital interest of Mongolia after it has been discussed by the Cabinet and the National Security Council of Mongolia. With this principle in mind, the State Great Hural will save its exclusive right to determine external and internal public policy.
I would like to express my regret for the cases that the speaking about unhappened events as if it had happened, talking about something that nobody said about and also talking about not decided things like it has been decided, which is posing negative effect on Foreign Relations, as it being used as a tool to make political gains, which is poisoning the minds of the society and trying to break the national unity.
There are wide range of issues planned to be discussed at the spring session and other many issues supposed to be approved according to the laws, therefore, the State Great Hural will work with busy work schedule.
Wish you to responsibly and actively participate in the standing Committee and session activities.
Hereby, I announce the spring session of the State Great Hural is now open.