President Appealed to the Supreme Court to Disband MPP for Unconstitutional Activities

President Appealed to the Supreme Court to Disband MPP for Unconstitutional Activities

President of Mongolia Khaltmaagiin Battulga informed the public today that he issued an ordinance on disbanding the Mongolian People’s Party, the ruling power. The ordinance has been forwarded to the State Supreme Court.

The ordinance reads:

One. The ruling Mongolian People’s Party has violated the constitutional requirement for political parties to “maintain security of the government and comply with the rule of law.” The Party has 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, for they are united under the responsibility to protect the national fundamental interests, and by turning the public service into a structure that illegally and obediently fulfills the tasks assigned by the leaders of the Mongolian People’s Party. The Party’s actions do not comply with the Constitution of Mongolia and the Law on Political Parties, for they deny the interests of its ordinary members and supporters, eradicate the rule of law, undermine the Constitution, the very foundation of the country’s independence, fracture the national unity. The Party 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. On the basis of the above-mentioned motives and in accordance with Sections 1 and 2 of Article 3, Paragraph 10 of Article 16, Section 1 of Article 19, Section 1 of Article 30, Section 2 of Article 32, Paragraph 10, Section 1 of Article 33, Section 2 of Article 33, and Section 1 of Article 70 of the Constitution, Section 4.2 of Article 4 of the Law on Political Parties, Articles 3,4 and 6, and Section 8 of Article 8 of the Law on National Security, Section 3.3 titled “Internal Security” of the National Security Concept, which stipulates that “the foundation of internal security shall rest on ensuring human rights and freedoms, adherence to the Constitution, respect for the rule of law, continuity of the Mongolian state governance and national unity, support for political parties, civil society, free press and media, individual liberties as well as safeguarding public order and social stability,” and Paragraphs 3.3.1, 3.3.1.1, 3.3.1.3, 3.3.1.6, 3.3.3.3, 3.3.3.4, 3.3.4.4 of the National Security Concept, I hereby issue an ordinance, declaring the concurrence of conditions to disband the Mongolian People’s Party. 

Two. I hereby announce to the people of Mongolia that the following facts attest to the Mongolian People’s Party’s violation of Article 4 of the Law on Political Parties, and Article 23 of the said law that provides “the Supreme Court shall disband and unregister a political party in accordance with the 23.1 of this law in case the party in question has undermined authority and independence of Mongolia, violated the national unity, taken power over the state by unconstitutional means, and/or transformed into an authoritative and militarized structure”: 

1. The unconscionable and illegal oppression by the Mongolian People’s Party jeopardizes the Constitution of Mongolia, the very foundation of Mongolia’s integrity, independence, and freedom of the people, and threatens democracy, national security, and safety of the people of Mongolia. The Party has made the Constitutional Court, whose sole responsibility is to protect and maintain the rule of the Constitution, unworthy of the people’s confidence and recognition.
2. The Cabinet, responsible for the nationwide management of implementation of the Constitution of Mongolia and other laws, was ousted within a day upon a decision taken by the Mongolian People’s Party. 
3. Two of the members of the National Security Council have become incapable of carrying out their duties as members of the Council without the consent of the Mongolian People’s Party. In consequence, the National Security Council has not convened since the beginning of 2021. 
4. The leader of the Mongolian People’s Party, while he had been in office as the head of the Cabinet of Mongolia, undertook actions through the State Registration Office, a government implementing agency, to disunify the Democratic Party, the opposition within the Parliament that has been formed through the will of the people, which leads to the disruption of the national unity. 
5. The fact that the Party’s chairman U.Khurelsukh, himself has founded an organization called “Mongolian Military Union” parallel to the Party and has arranged for the organization to have a branch at each Military Staff of local administrations, is a 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. 
6. The politically-motivated activities of the Mongolian People’s Party have completely subverted the Constitutionally-established state administration and accountability system. The party has also been exploiting the global COVID-19 pandemic situations for its political ends.

Three. I hereby call upon the ordinary members of the Mongolian People’s Party to stay clear of any influence or provocation, and instead, to be cognizant of the fact that as Mongolians, we have a united country, statehood and history, and respect the security and prosperity of our nation. 

Four. I hereby remind all civil servants to regard this historic event that is putting an end to the disgraceful oppression by the ruling Party with great attentiveness and responsibility, while cherishing and protecting the Constitution and abiding by the law.

Five. I hereby call upon the people of Mongolia to uphold the national unity and regard the decision and action of the President of Mongolia, while bearing in mind the core interests of our country. 

Six. I hereby call upon the State Great Khural, the highest organ of state power, to exercise accountability and stability, and each member of parliament to remember their role as the emissary of the people, and remind the parliament and its members to fulfill their duties with honor. 

Seven. The ordinance by the President of Mongolia on disbanding the Mongolian People’s Party shall be forwarded to the State Supreme Court.