Dismissing the Speaker, Just Politics

Thousands Mongolians took to the streets to protest on December 27, 2018 and on January 7, led by lawmakers L.Bold, J.Batzandan, L.Oyun-Erdene and T.Ayursaikhan, from both the Democratic and Mongolian People's parties.

Whilst most of the media reported it was a protest against corrupt government, in fact, the only message of the protest was against the speaker of the parliament, M.Enkhbold, for his improper actions during his time as head of the Mongolian People's Party. An alleged tape recording of a discussion between M.Enkhbold other high level members of the party to 'sell' government positions to raise 60 billion MNT (23 million USD) made headlines two years ago, and again last year.

The thousands protesters were demanding that the speaker resign voluntarily.

On the other hand, an amendment to the Act of Parliament was passed last week, which makes it possible for Parliament to oust the speaker on the basis of a no confidence vote (or signature) of at least 40 members of Parliament.

The term of office of the speaker is generally four years pursuant to Article 10.1 of the Act of Parliament of Mongolia. However, under Article 10.2 of the same law, there are five grounds for the speaker's resignation before the end of his/her term of office, being:

(i) if the speaker dies;

(ii) if the speaker had to take up another position or voluntarily resigns and parliament accepts the resignation;

(iii) if the speaker is diagnosed as being seriously ill and therefore is not able to continue his/her dutiesy and parliament accepts the diagnosis;

(iv) if the Constitutional Court (Constitutional Tsets) issues an opinion that there is legal basis to remove the speaker and the parliament accepts the opinion; and

(v) if there court the speaker committed crime(s).

According to the legal interpretation, unless the speaker dies, the speaker does not have right to resign of his own volition. Rather, Parliament must accept the speaker's request to resign. If Parliament does not accept the request, diagnosis, opinion and/or the order issued from the relevant authorities, the speaker shall be obliged to continue his duties for the duration of his term in office. But why is this so?

This is party to ensure the immunity and independency of the speaker as it is a high level state position, and one of the few members of Mongolia's Security Council. In other words, no one should be able to influence the speaker in an unlawful way to demand his removal as such an...