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УДК 352/354
doi 10.24411/2221-0458-2022-88-19-26
МЕСТНОЕ САМОУПРАВЛЕНИЕ В МОНГОЛИИ: ВОЗМОЖНОСТИ СОВЕЩАТЕЛЬНОЙ ДЕМОКРАТИИ ПРИ РЕШЕНИИ ПРОБЛЕМ МЕСТНОГО
САМОУПРАВЛЕНИЯ
Ц. Бямбачулуун Ховдский государственный университет, г. Ховд, Монголия
CURRENT SITUATION OF THE LOCAL GOVERNANCE IN MONGOLIA, POSSIBILITIES OF USING THE DELIBERATIVE DEMOCRACY IN THE SOLUTIONS OF ANTICIPATED PROBLEMS TO LOCAL GOVERNANCE
Ts. Byambachuluun Khovd State University, Khovd, Mongolia
В статье рассматриваются проблемы понимания и функционирования процесса демократии, в частности делиберативной (совещательной) демократии. Автор подробно описывает особенности делиберативной демократии, ее положительные стороны и недостатки. Автор отмечает тот факт, что конечной целью совещательной демократии является укрепление демократии за счет активного участия общественности. Во второй части работы рассматривается текущее состояние и значение местного самоуправления в Монголии. Детально описывается, какая работа входила в задачи местного правительства, и какие она фактически не выполняла. Тем самым, в 2017 году была принята делиберативная демократия в Монголии с целью улучшения механизма работы правительства. В заключении автор отмечает, что данный вид демократии позволит каждому иметь равное право выражать свое мнение посредством перераспределения избирательных округов, уравнивания методы голосования и многих других реформ. «Совещательная демократия» сыграет положительную роль в устранении недостатков местного самоуправления в Монголии.
Ключевые слова: делиберативная демократия; совещательная демократия; местное самоуправление; права граждан; Монголия
The article deals with the problems of understanding and functioning of the process of democracy, in particular, deliberative democracy. The author describes the features of deliberative democracy, its positive aspects and disadvantages. The author notes the fact that its ultimate goal is
to strengthen democracy through active public participation. The second part of the paper examines the current state and importance of local self-government in Mongolia. It describes the work of the local government, and its imperfections. Thus, in 2017, a deliberative democracy was adopted in Mongolia to improve the mechanism of government. In conclusion, the author notes that this type of democracy will allow everyone to have an equal right to express their opinion through the redistribution of electoral districts, equalization of voting methods and many other reforms. "Deliberative democracy" will play a positive role in eliminating the shortcomings of local self-government in Mongolia.
Keywords: deliberative democracy; consultative democracy; local self-government; citizens' rights; Mongolia
Introduction
Search for the democracy theories in the science of politics continues while we face the third setback of democracy. In other words, since the XX, XXI centuries intersection many countries of the world are facing the biggest challenges and difficulties of representative and direct democracies. On the way of theoretical and practical search for solutions for keeping the democracy and overcoming its difficulties, scientists and researchers have found the deliberative democracy and developed its ideas.
The main content of the theory is: to overcome the difficulty of limited situation in the efficient implementation of direct democracy in all sections of social life; to provide the participation of the public in the solutions of problems that affect the public interest through the improvisation of the representative democracy and represent their points of view. In other words, this is a type of
democracy that is based on view of strengthening the advantages and filling up the disadvantages of representative and direct democracy [1]. In a simplest way, "This is the type of democracy that serves as the most basic way to make the solutions"1. Here, it emphasizes the public participation in the political equality and possibilities of problem discussion.
The most effective organizing mechanism of the deliberative democracy is the deliberative questionnaire. This is based on the fundamental theory and principles of the science of sociology that investigates the social ideas and points of view. Deliberative democracy is the democratic point of view that confirms the reflection of decision made under public discussion and consultation is the right condition in the process of political decision.
1 Deliberative democracy - A type of democracy where the consultation is the basic way of decision making. r.3
This concept is based on the ideology of public sphere of political theory. Basic principle of the politics will meet its norm when there is a high participation of public, but it must not be limited by participation in the election. So, the purpose of the deliberative democracy is to build an active democratic system where there are many types of public participation to influence on the political decisions [2, C. 15]. How can the democracy realize the two following values: political equality and consulting right to express the political point of view. In other words, does everyone have a chance to participate in the discussion and consult to decide if the problem is right or wrong [2, C. 16].
However the pluralism is admired in the system of democracy, it is better to make decision for the public wellbeing under several discussions. This concept was developed under the theories of the scientists John Rawls (John Rawls 1921-2002), Jurgen Habermas (Jurgen Habermas 1929) and James S.Fishkin (James S.Fishkin). The justice to keep the freedom, equality and the public interests was explained by John Rawls as follows. Firstly, all people in the social system or under it have equal rights to equal freedom. Secondly, loss of justice in the process of social system, and its affect to public interest calls unfairness. It proves that political and social system that can provide the public equality in a fair way can provide honest public participation in the future. The
principle of equal right is the main key to the democracy, when the justice is the most useful concept in the strengthening of democratic system and its future development.
According to Habermas description, people can make legal and true decisions based on justice and normative relations.
Peculiarities of deliberative democracy: It is very important to be open and transparent for the implementation of democracy. For that reason, firstly, It is important to inform the issue to the public openly to discuss it, secondly, there should be public control in the democratic society, thirdly, public should receive true information and as for its result, there will be true deliberative democracy in the society that provides pluralism. Sometimes, pluralism is said to be helpful in deliberative democracy. In order to make a decision that meets the public interest and see the issue from different points, different conflict of interests can express the true nature of democracy by having the discussion made several times for a certain period of time. In other words true decision can be born based on the different points of views of the public. But on the way of realization of deliberative democracy, there might be lots of difficulties. Some citizens might not take part depending on their cultural differences. A well-known in the society person may try to affect the decision in advance for himself. There might be a result
that would not meet the justice in the society. All these situations may call public hesitation on the view of deliberative democracy. The ultimate goal of the deliberative democracy is to strengthen the democracy through the active participation of the public.
The following four questions were considered in order to realize the deliberative democracy in a real life with closest participation of public in life. There is always a question, Is the democracy can provide the two conditions at the same time, - is it possible to involve each person and think smartly. As for the political term, this is about the possibilities of implementing political equality and consultations together.
There are four main questions:
1) If there is a mix of the political equality and consultations, what is the sphere for that, are the all sides in it, what are the ways to transfer the voice of public.
2) If this mix is implemented, is it possible to think any issues deeply? We have to determine the indexes of consultation in order to evaluate the consulting process. We will have the possibilities of checking if the issue is truly discussed or not.
3) What are the consequences after its implementation? Does it have any influences on relationships of the participants or public? It is very important if we can reflect it on any policies or if we can make it a public speech that can influence on policies.
4) In what social and political conditions does it have the possibilities of implementation? Is it possible to determine the necessary conditions for the revival however the public has a very little knowledge on revival of deliberative democracy based on today's experiences (the revival of consultative democracy dating back to ancient Athens). Can we succeed in this limited condition? In other words, what are the conditions for positive answer and negative answer?
It is very important to check which sample of the deliberative democracy is suitable for defending any disagreement and what are the ways that the ancient form of politics could be reformed to some extent and adapt to today's model.
In today's democracies, public participation is not enough, which is same in developing and developed countries. However there are enough regulations and laws for the public participation, public doesn't participate in political events not depending on their rights. James S. Fishkin has determined the following explanations to that reason.:
1. Public doesn't have enough information on political issues and policies.
2. The views of the public taking part in the votes usually have an empty meaning.
3. It is usually related to other people.
4. The public is easily broken by the false information.
One of the impediments to democratic institutions is the choice between a position that reflects the reality or a result of discussion, and a position that opposes the opposite view. The reality of public participation and the power of fairness are weakened for four reasons above. J. Fishkin believes that deliberative democracy will overcome these factors and find a way to implement public participation [3].
The methods of implementing public consultation should first identify the following two main issues:
1. It is important to decide the methods and forms for the implementation of public consultations.
Current status and importance of local government in Mongolia: The concept of local government in the broadest sense encompasses a wide range of subjects, such as local self-government, local government, local management, local and public administration, while in the narrow sense it refers to "administration and territorial unit management". Based on the constitutional
2. The next characteristic is to determine whose opinion and position to advise to the public.
It is possible for people to form consultations in the form of selecting him or herself. In addition, voter representation can be selected on a random basis rather than on the basis of probability theory. In other words, the representative is selected according to the principle of random sampling. Finally, representatives can be elected as part of the electoral process, or they can represent virtually all voters (or members of a consultative group). If these two scales can be combined, the eight possibilities described in Table 1 will emerge. These include:
framework, it can be considered as a constitutional institution based on a combination of local self-government and local government.
The local self-government should have the following things:
- Certain territory determined by the law and historically formed people living on it.
Table 1. Forms of consultation
Public opinion 1. Self selection 2. Non-random sampling 3. Random sampling 4. Each person
А. Raw Poll of self-elected voters Some polls Most polls Poll democracy
В. Processed Discussion group Civil (jury) courts, etc. Consultative poll Consultation day
Source: James C. Fishkin. People express their opinions. UB, 2015. NEPKO Printing. p 51.
- A self-governing organization that makes decisions and determines policies
- It consists of elected representatives or members
- Work team
- The powers given him by law and a very independent way to exercise them
- Have sufficient working capital and budget to operate in a local country
The reality of Mongolian citizen's public meeting (CPM) and the public participation: If there is a citizens' participation in solving local social and economic problems through the CPM, as a primary unit in local government, we expect it to be the primary element of democracy, direct democracy. It is distorted as following:
> Localized politicization. Urban and rural polarization and politicization have increased. People criticize it, but they have to think about their lives and just follow it.
> Formation of a majority of party-affiliated relatives. In rural areas, especially in most baghs and soums, the majority of relatives represent the bagh election and CPM decisions.
> Party turnover in the civil service is widespread.
> Distribute resources to party members and supporters. The distribution of jobs, projects, loans, and local development funds (LDFs) through power and positions has been widely criticized.
> Members of Parliament promise and steal the work of the CRH. It has become a tradition for candidates in parliamentary elections to be elected by promising the work that the CRH must do in the constituency.
> To protect the unfair actions of the majority of CRH governors. It has become a tradition for the majority of one party in the CRH to elect and appoint their leader as a governor, not to monitor and criticize him, but to protect him in the interests of the party.
It is considered that the CPM, which is the basis of direct democracy in local government, is attended by 1 person from 30 households, which makes it impossible to express the views of local people and ensure their representation. These include:
> It is a distorted phenomenon of the participation of a small number of special people (pensioners, unemployed, politicized overactive groups, etc.) who do not have the opportunity to represent the local people and express their views.
> The views of those few people who participate in the CPM voluntarily do not represent the views of the general public. This creates a distortion similar to the "Self-Selected Audience Poll" (SSAP).
> CPM decisions are the real result of politicized divisions and a competitive arena for the distribution of wealth between political parties and fractions [4].
Therefore, we have started to use the Deliberative Democracy mechanism to improve local governance in Mongolia. The "Deliberative Referendum Law" approved on February 9, 2017, which is currently in power in our country, but has not yet been used, stipulates that certain issues must be resolved with the participation of citizens.
Deliberative democracy is characterized by the following realities of local government. These include:
> Deliberative democracy allows for the avoidance of negative consequences that may infringe on or adversely affect the interests of others due to the interests and views of political fractions and groups.
> Another important part of public consultation is the ability to avoid the formation of independent political groups and fractions that are different from others in a society and based on common sense and mutual understanding.
> Citizens' participation and opinions are very important in defining local social and economic development policies, and it is more valuable that citizens are more aware of their problems. It also plays a role in enhancing the legitimacy of local governance.
Conclusion
Deliberative democracy is theoretically aimed at improving democracy and is considered to be fully applicable to a wide range of issues within the framework of a
basic methodology for obtaining relatively accurate and objective information on public opinion. The ultimate goal of democracy must be understood in a pluralistic way. This means better democracy in the context of deliberative democracy and does not have another meaning.
Polls are a priority and can be used to expand public participation through other forms of direct consultation. Deliberative democracies allow everyone have an equal right to express their views through redistribution of constituencies, equalization of voting techniques and many other reforms. "Deliberative democracy" will play a positive role in addressing the shortcomings of local self-governance in Mongolia [4]. These include:
> Important decisions on local socioeconomic development will move away from narrow interests and become more realistic and rational.
> Consultative democracy should be used in local self-government. For example, as the population grows, the number of CRH citizens reaching out and providing information decreases. Therefore, consultative democracy is more appropriate.
> Through deliberative democracy, citizens can not only learn about political participation and culture, but also increase their participation in CGMs.
> The possibility and importance of using deliberative democracy lies more with local governance than with other democratic institutions.
> It is important to drastically reduce the phenomenon of political party affiliation.
References
1. Chuluunbaatar G. Opportunity to use deliberative democracy to address some governance issues in Mongolia. Proceedings of international conference on "DELIBERATIVE DEMOCRACY IN ASIA" Ulaanbaatar., 2018, page 65
2. James S. Fishkin. People expressing their views: Deliberative democracy and public consultation. Translated by G. Zandanshatar. Ulaanbaatar, 2015, pages 15-16, 51.
> Important for the development of classical democracy.
The experience of the world's most populous countries shows that deliberative democracies are used to reflect the views of citizens in government policies and decisions.
3. The Complete Anti-Federalist. Edited by Herbert J. Storing, with the assistance of Murray Dry. Chicago: The University of Chicago Press, 1981. 7 Vols., p.265.
4. Ganbol Ts., Batbold Ts. The problems and possibilities of using deliberative poll in the local self-government in Mongolia. Proceedings of the international conference on "DELIBERATIVE DEMOCRACY IN ASIA". Ulaanbaatar, 2018. Pages 140- 145.
Ц. Бямбачулуун, старший преподаватель кафедры истории и гуманитарных наук, факультет социальных и гуманитарных наук, Ховдский государственный университет, Ховд, Монголия, e-mail: byambachuluun.ts@khu.edu.mn
Ts. Byambachuluun, Senior Lecturer at the Department of History and Social Sciences, School of Social Sciences and Humanities, Khovd State University, Khovd, Mongolia, e-mail: byamb achuluun.ts@khu.edu.mn
Статья принята в редакцию 05.02.2022.
