MONGOLIA'S OPPOSITION MPS WALK OUT OF FIRST PARLIAMENT

UNCLAS SECTION 01 OF 02 ULAANBAATAR 000361

SENSITIVE
SIPDIS

STATE FOR EAP/CM, DRL AND INR/EAP

E.O. 12958: N/A
TAGS: PGOV KDEM PHUM ENRG SOCI MG
SUBJECT: MONGOLIA'S OPPOSITION MPS WALK OUT OF FIRST PARLIAMENT
SESSION WITHOUT TAKING OATH

SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION


1. (SBU) SUMMARY: Mongolians elected to Parliament in the contested
June 29 elections gathered at Government House on July 23 for
Parliament's opening session. But after energetically criticizing
the head of the General Election Commission (GEC),members of the
opposition Democratic Party left the chamber before taking the oath
of office. The walkout came after the Democrats' Chairman,
Elbegdorj, called on the GEC to resign, and he urged the Government
to free all citizens detained in connection with post-election
violence on July 1. Before their walkout, the newly elected
Democratic MPs lambasted GEC Chairman Battulga for allegedly
disregarding Democrats' concerns about free and fair elections; for
allowing voting by allegedly unqualified individuals; and for
allegedly acting in a manner that benefited the ruling Mongolian
People's Revolutionary Party (MPRP). Battulga stood his ground and
said the GEC had made every effort to hold free and fair elections,
adding that although some people had tried to "interfere" with the
election process, such efforts were ultimately unsuccessful.
Battulga did not provide any insight into when the disputed 10 (of
76 total) seats will be resolved. Following the walkout, none of
the other newly elected MPs took the oath of office. Until at least
57 MPs of the "new" Parliament take the oath of office, the "old"
Parliament - which held its closing session on July 22 - is
considered legitimate and the existing government led by Prime
Minister Bayar continues in a caretaker role. END SUMMARY.

DP SEEKS GEC RESIGNATIONS, RELEASE OF DETAINEES
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2. (SBU) Mongolians elected to Parliament in the contested June 29
national elections gathered at Government House on July 23 (with the
Ambassador and diplomatic corps in attendance) for Parliament's
opening session, but after energetically criticizing the head of the
GEC, members of the opposition Democratic Party (DP) left the
chamber before taking the oath of office. The walkout came after DP
Chairman Elbegdorj called for the resignation of the GEC for its
alleged failure to ensure free and fair elections. Elbegdorj also
called on the Government to free all citizens detained in connection
with post-election violence on July 1. (Note: At least five people
were killed, hundreds injured and the MPRP's headquarters destroyed
in that violence. End Note.) The session got underway around 10:15
A.M., with President Enkhbayar addressing the new MPs and noting
that the people of Mongolia had chosen their Parliament, and that it
should be seated in accordance with law. He noted that the GEC had,
on July 14, confirmed the winners of 66 of the 76 seats in
Parliament, and that 66 was enough for a quorum. The GEC's
embattled Chairman, Battulga, then addressed the elected MPs,
stating that although some individuals tried to "interfere" with
election procedures, these efforts did not affect the election
results that had been confirmed. He added that the GEC had "made
every effort to hold free and fair elections."

GEC CHIEF GRILLED
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3. (SBU) A lengthy question-and-answer session then ensued, and
members of the DP peppered Battulga with a number of pointed
questions. They criticized him for allegedly disregarding DP
concerns about unqualified voters; for allowing votes by individuals
who possessed a national ID card but not a voter ID card; and for
allowing balloting by those who did not reside at the registration
address. Battulga, cool under fire, said the GEC had taken all such
concerns into account. He added that there is no legal provision
that requires a voter to live at his registration address, adding
that the use of national ID to establish a voter's bona fides was in
accordance with the law.

... THEN GRILLED SOME MORE
--------------


4. (SBU) With reporters and members of the diplomatic corps,
including the Ambassador, looking on, the grilling of the GEC
Chairman continued, with each elected official using his allotted
four minutes. One accused Battulga (formerly an MP in his own
right, of the ruling MPRP) of selectively confirming winning
candidates in a way that benefited the MPRP. (Battulga's reply:
"That's your interpretation.") Another Democrat asked when the 10
disputed seats would be resolved; Battulga said it was up to

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electoral officials in those districts to resolve the disputes, and
that once resolution was reported to the central GEC, the GEC would
report the resolutions to the President, as required. Another DP
member, Bat-Uul, who played a key role in the country's 1989
pro-democracy movement, asked Battulga whether he had any
information that votes were purchased. Battulga, who noted earlier
in his opening statement that the GEC had received 714 letters about
alleged voting irregularities, responded that if there is any
evidence that votes were bought, the matter should be investigated.
In response to a separate question, Battulga stated he had no
information about any electoral official being implicated in
election fraud.

MASSIVE GEC FAILURES ALLEGED
--------------


5. (SBU) Bat-Uul said the 25 confirmed DP MPs attended the opening
session despite what they considered massive failures by the GEC,
adding that with these failures in mind, it was difficult for the
Democrats to take the oath of office without "corrective" action.
Nearly three hours after the start of the session, the DP's
Chairman, Elbegdorj, stated that unless the nine-commissioner staff
of the GEC resigns for failing to ensure free and fair elections,
and unless the Government releases individuals detained in
connection with the July 1 violence, newly elected DP MPs would
depart without taking the oath. At that point, all 25 DP MPs left
the chamber (making good on a threat that Elbegdorj shared with the
Ambassador in a July 22 meeting). (Note: Elbegdorj informed the
Ambassador that he would be stepping down as DP Chairman and would
focus more on DP bread and butter issues. He did not say who he
expected to serve as his successor. End Note.) The 39 confirmed
MPRP MPs then declined to take the oath, as did Civil Will Party
Chairman Oyun (currently Foreign Minister) and the sole successful
independent candidate, journalist Z. Altai. President Enkhbayar
then announced that he was available for meetings and talks between
the (three) political parties with Parliamentary representation. It
was not immediately clear if any such discussions took place. (Note:
The previous crop of Parliamentarians held their last session on
July 22. The "old" Parliament is considered legitimate until at
least 57 MPs of the "new" Parliament take the oath of office. End
Note.)

ELBEGDORJ REVIEWS DP BOYCOTT STRATEGY AND GOALS
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6. (SBU) During his discussion with the Ambassador and DCM the
evening of July 22, Elbegdorj said the DP had three preconditions to
be met by PM Bayar and the MPRP before the DP's MPs would take the
oath of office and the new parliament could begin work in earnest.
First, the GEC's failures needed to be recognized and fixed.
Second, the GOM needed to account for the deaths and violence of
July 1. And third, the MPRP needed to give assurances that some of
the DP's key platform issues would be addresses. Asked how long the
DP might be willing to boycott, Elbegdorj replied it depended on
progress with the MPRP on the three preconditions, but the boycott
could last a day or a week or more. He stressed he hoped an
accommodation could be reached soon. (COMMENT: A prolonged boycott
would not benefit either party, in post's view; Elbegdorj noted the
DP needed to think about October provincial and local elections.
And we see Elbegdorj's approach as a face-saving effort so the DP
can claim it held the GOM's and MPRP's feet the fire on the
elections and violence while also gaining something on substantive
issues. END COMMENT.)
MINTON.