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PP RUEHDBU RUEHFL RUEHLA RUEHMRE RUEHROV RUEHSR
DE RUEHVEN #0203/01 1360907
ZNY CCCCC ZZH
P 160907Z MAY 06
FM USMISSION USOSCE
TO RUEHC/SECSTATE WASHDC PRIORITY 3925
INFO RUCNOSC/ORGANIZATION FOR SECURITY COOPERATION IN EUROPE

C O N F I D E N T I A L SECTION 01 OF 04 USOSCE 000203 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EUR/RPM, SCA (PERRY), SCA-PPD (SCHWARTZ), DRL 
 
E.O. 12958: DECL: 05/16/2016 
TAGS: PGOV PHUM PREL OSCE TX
SUBJECT: USOSCE AMBASSADOR FINLEY'S VISIT TO TURKMENISTAN: 
DRIVING HOME THE HUMAN RIGHTS AND DEMOCRATIC REFORMS AGENDA 
 
 
Classified By: Ambassador Julie Finley for reasons 1.4 (b) and (d) 
 
¶1.  (SBU) This is a joint USOSCE-Embassy Ashgabat message. 
 
¶2.  (C) Summary:  During her May 4-5 visit to Ashgabat, 
USOSCE Ambassador Finley met with GOTX officials to urge 
progress on human rights and democratic reforms in 
Turkmenistan.  With the exception of FM Rashit Meredov, GOTX 
interlocutors were reluctant to engage on substance and 
sought to avoid direct discussion of the main issues of 
concern.  Ambassador Finley's meetings with the OSCE Center 
staff and representatives from civil society underscored the 
difficulties that civil society continues to face in trying 
to navigate through Turkmenistan's strictly controlled and 
overly bureaucratic state apparatus.  End summary. 
 
Round 1:  Meeting with FM Meredov 
--------------------------------- 
 
¶3.  (C) USOSCE Ambassador Finley, accompanied by Ambassador 
Jacobson and USOSCE and Embassy Ashgabat officers, spent the 
first part of a two-day visit to Ashgabat meeting with GOTX 
officials to underscore the need for progress on human rights 
and democratic reforms in Turkmenistan.  Meeting with FM 
Rashit Meredov in a room at the MFA that is wired so that 
President Niyazov can listen in, Ambassador Finley began by 
thanking the GOTX for its continued support for U.S. 
overflights and in providing gas-and-go services at Ashgabat 
airport.  However, she continued, security is but one of many 
issues important to our bilateral relationship.  We are 
particularly concerned about the state of human rights and 
democracy in Turkmenistan.  Building economies and allowing 
citizens their human rights go hand in hand, Ambassador 
Finley underscored.  The U.S. Government values its 
relationship with Turkmenistan and wants it to flourish and 
play a responsible role in the international community.  Our 
questions and suggestions on human rights and 
democracy-building are made in good faith, and should be 
taken as such by the GOTX, she said. Ambassador Finley said 
she laughed when she read that Meredov was the former 
Director of the National Democracy and Human Rights 
Institute, asking how could this institute even exist. 
 
GOTX Redefines Human Rights 
--------------------------- 
 
¶4.  (C) Meredov responded that the GOTX listens to U.S. 
suggestions with due respect, and some issues have been 
resolved as a result, pointing to progress on registration of 
religious organizations as an example.  However, Meredov 
continued, only 15 years have passed since independence, 
making Turkmenistan a young country.  Turkmenistan has chosen 
its own path of development, Meredov said, adding that social 
and economic rights for citizens are provided for by the 
constitution.  Ambassador Finley responded that these are not 
the only kinds of rights that the GOTX is responsible for 
ensuring.  Where is the individual's right to protest, and 
the freedom of the media, for example?  She also wondered 
about the logic behind President Niyazov's decision to lower 
mandatory school years from ten to nine. 
 
¶5.  (C) Meredov insisted that the GOTX does not need to 
create artificial conditions for citizens to protest, adding 
that there are "legislative processes" through which citizens 
can lodge complaints.  "Public protests don't look good and 
aren't constructive," Meredov said.  Meredov insisted that 
Niyazov's lowering of mandatory school years has not had a 
detrimental effect on Turkmenistan's youth, because the GOTX 
has front-loaded the educational system with an enhanced 
kindergarten.  Meredov added that he is "absolutely 
satisfied" with his three daughters' education. 
 
Representing the GOTX at the OSCE: Not a Job for the 
Faint-Hearted 
--------------------------------------------- ------- 
 
¶6.  (C) In response to Ambassador Finley's query about the 
welfare and whereabouts of former GOTX Ambassadors to the 
OSCE Batyr Berdiev and Vladimir Kadyrov, Meredov said that 
Berdiev remains in prison following his conviction for 
participation in the "terrorist act" (attempted coup) in 
2002, and that all documents pertaining to his guilt were 
provided to the OSCE's satisfaction in 2003 when the 
organization invoked the Moscow Mechanism (in which a 
participating State can be called upon to explain its actions 
to the 55-member OSCE).  As far as Kadyrov is concerned, 
Meredov said that he retains his title of ambassador and is 
currently working at an institute in his capacity as a 
jurist.  Meredov said he saw Kadyrov personally on several 
occasions, and has no question as to Kadyrov's well-being. 
 
USOSCE 00000203  002 OF 004 
 
 
Ambassador Finley responded that the best way to deal with 
the international community's concern about Berdiev and 
Kadyrov is for the GOTX to allow someone from the ICRC to 
visit them both. 
 
¶7.  (C) Ambassador Jacobson added that the GOTX recently took 
a good step by letting dissident author Esenov travel to New 
York to accept the prestigious PEN Award.  The GOTX can 
amplify this progress now by letting representatives from the 
international community visit Berdiev and Kadyrov.  Since 
there continues to be a dispute between the GOTX and the ICRC 
on visit modalities (the latter insists on visiting prisoners 
on a one-on-one basis, while the GOTX insists that a 
government official accompany), Ambassador Jacobson 
reiterated that she is willing to allow GOTX officials to 
accompany her on visits to both.  Meredov was non-committal, 
and said that GOTX-ICRC discussions are continuing.  Meredov 
concluded the meeting by cheekily asking about the current 
location of former USOSCE Ambassador Minikes. 
 
Round 2: The Impotent MOJ 
------------------------- 
 
¶8.  (C) The meeting with Minister of Justice Ashyrgeldi 
Gulgarayev provided insight into how little weight the MOJ 
has.  The visibly nervous Gulgarayev, only nine months into 
his tenure after a relatively benign career in the military, 
spent much of his time alternately perspiring profusely and 
explaining the areas for which the MOJ has no responsibility: 
 freedom of movement, freedom of press, operations of law 
enforcement agencies.  He insisted that the new migration 
law, which his ministry can only review if requested by the 
Mejlis, does not impede the travel of citizens either inside 
or outside of Turkmenistan, but rather serves to monitor the 
travel of foreigners in the country.  When asked about the 
extreme difficulty NGOs face in registering -- something for 
which his ministry is responsible -- Gulgarayev insisted that 
many applications are rejected because they are insufficient 
and either do not contain the relevant paperwork or do not 
meet the requirements of the law (such as number of people 
who must be members in order to qualify for national status). 
 
¶9.  (C) When Ambassador Finley pushed back that the GOTX has 
made NGO registration virtually impossible (there are only 
seven independent NGOs in Turkmenistan, and only two were 
allowed to register in 2005), Gulgarayev let Head of the 
Department for International Relations and NGO Registration 
Maysa Saryeva explain the "technical" requirements of 
registering and why so many NGOs cannot meet these 
requirements.  Ambassador Finley noted that the GOTX should 
not be afraid to admit that many of the organizations they 
term NGOs are really government NGOs.   Ambassador Jacobson 
added that the USG is not encouraged by the difficulties the 
Ahal Alumni Association has faced in registering as an NGO. 
 
Round 3: The National Institute of Democracy and Human 
Rights:  In Name Only 
--------------------------------------------- --------- 
 
¶10.  (C) Ambassador Finley interrupted Head of the Department 
for Democracy and Human Rights of the National Institute for 
Democracy and Human Rights (NIDHR) under the President of 
Turkmenistan, Shemshat Atajanova's sweeping overview of the 
institute.  Ambassador Finley asked what grade Atajanova and 
Head of the Department for Statehood Studies and 
International Relations at the NIDHR Durdy Annamyradov would 
give the institute when neither democracy or human rights 
exist in Turkmenistan.  (Note: The NIDHR is co-located in the 
MOJ building.  End Note.)  Atajanova and Annamyradov 
explained that the institute does mostly "scientific" work, 
which consists mainly of reviewing and making suggestions on 
legislation.  For example, the institute played a role in 
banning child labor and the death penalty.  Those 
achievements notwithstanding, Ambassador Finley said, where 
is the progress on freedom of expression and basic rights? 
The representatives responded that most citizens are 
concerned with "social" issues:  residential problems, law 
enforcement, and services provided by social agencies, and 
concluded that development in Turkmenistan is evolutional: 
first political, then economic, then legal.  Ambassador 
Finley noted that they forgot to mention "democratic." 
(Note:  Atajanova explained that the State Service for the 
Registration of Foreign Citizens was created by 
recommendation of the NIDHR staff to regulate refugee issues. 
 This Service also wrote the new Migration Law and enforces 
the GOTX's "black list" for citizens wanting to travel 
abroad.  End Note.) 
 
Round 4: CRA Touts "Successes" 
------------------------------ 
 
USOSCE 00000203  003 OF 004 
 
 
 
¶11.  (C) The meeting with the Council for Religious Affairs 
Chairman Atamyrat-Ogly, Deputy Chair Myrat Garryev and Mufti 
of Turkmenistan Allaberdiyev was dominated by Garryev, who 
reviewed the work that the Council has undertaken and the 
progress made toward freedom of religion in Turkmenistan.  He 
explained that, while only four mosques and one Russian 
Orthodox church existed in the country after independence in 
1990, today there are 11 religions operating freely 
throughout Turkmenistan, with 400 mosques and 13 Russian 
Orthodox churches spread throughout the country.  (Note: 
Garryev counts each of the registered minority religious 
groups as an individual religion although seven of them are 
Christian communities.)  The Council, despite being a 
government body, has been effective in easing requirements 
for the establishment of a religious organization (the law 
used to require 500 members, but now only requires five). 
Garryev acknowledged there are still official restrictions on 
group worship in homes, but the GOTX has limited ability to 
enforce these restrictions.  Garryev claimed that all faiths 
live in unity without conflict. 
 
OSCE Center Under a Microscope 
------------------------------ 
 
¶12.  (C) During the first day of her visit, Ambassador Finley 
also met with OSCE Center staff and representatives of local 
NGOs.  The OSCE Center staff explained that the Center still 
operates under a microscope in Turkmenistan, and is viewed 
with suspicion by the GOTX.  The GOTX blocks most OSCE work 
with civil society.  The population is generally afraid to 
contact the OSCE and, as a result, the Center has achieved 
only limited, small successes.  One of those successes was 
securing GOTX approval to open an internet cafe on the OSCE 
premises.  In addition, the OSCE Center in Ashgabat worked to 
raise the profile of two recent human rights cases, the 
release of psychiatric patient Durdykuliyev and the 
successful departure of writer Rahim Esenov to accept the PEN 
award in the U.S. Patience and persistence, as well as 
establishing confidence and respect, are essential to 
continuing OSCE work in Turkmenistan, concluded OSCE Center 
head Ambassador Djikic. 
 
The Challenges Faced by Turkmenistan's Civil Society 
--------------------------------------------- ------- 
 
¶13.  (C) His remarks were echoed by the civil society 
representatives who met with Ambassador Finley, who 
complained that civil society has become even more 
restrictive in Turkmenistan.  Civil groups and private 
citizens avoid the OSCE office and events because they are 
harrassed by Turkmen authorities following such contacts, 
according to the NGOs.  The group also complained about 
continued difficulties in registering their groups, accusing 
the MOJ of sitting on their requests for more than nine 
months, then demanding more documents and refusing to respond 
to their questions about the status of their applications. 
Out of the 15 civil society groups that met with Ambassador 
Finley, only five politically non-controversial NGOs (dealing 
with sports and rehabilitation of disabled people, for 
example) had succeeded in registering.  These registered NGOs 
told Ambassador Finley that the GOTX watched them for one 
year to ensure they would not be a threat before approving 
their registration. 
 
¶14.  (C) Other civil society reps have been able to operate 
on a limited basis by registering as entrepreneurs and 
engaging in strictly limited (by the GOTX) activities under a 
patent.  A Kazakh community representative described the 
community's failed attempts to register because they are 
viewed as an ethnic minority, and the GOTX would like to view 
all citizens as Turkmen.  Nevertheless, the civil society 
representatives said they would persevere because the 
citizens are looking to them to help bring about change. 
Keik Okara, one of the groups in danger of closing because it 
is unable to raise funds due to its unregistered status, 
conducts English language and computer/internet training for 
youth, particularly those in limbo due to the recent 
reduction in mandatory school years, and has a waiting list 
of 270 students.  Ambassador Finley's subsequent meeting with 
alumni of U.S. exchange programs also highlighted the 
dilemmas that Turkmen youth are facing with regard to 
education and employment opportunities.  She encouraged them 
to persevere in their efforts to bring about positive change 
in Turkmenistan. 
 
Local Journalists Want More Contact With International Media 
--------------------------------------------- --------- 
 
¶15.  (C) At a wrap-up press opportunity with local stringers 
 
USOSCE 00000203  004 OF 004 
 
 
(that was boycotted by the official Turkmen press), 
Ambassador Finley stressed the need for progress on democracy 
and human rights.  Several of the journalists complained 
about the increasing GOTX restrictions on the media; one 
stringer for Itar-Tass said she had had her license revoked 
without explanation, while another complained that the GOTX 
had not allowed the OSCE Center to invite local journalists 
to its recent conference on tourism.  The group expressed 
interest in working more closely with the OSCE Center on 
media-related issues and events. 
 
Comment 
------- 
 
¶16.  (C) While this visit did in fact offer up some, albeit 
small, examples of progress that the GOTX has made, more 
importantly, it provided Ambassador Finley with the 
opportunity to underscore, once again, to the government and 
the people of Turkmenistan that the U.S. Government's agenda 
in the region is based equally on promoting democracy and 
respect for human rights, security, and economic stability. 
Our meetings with GOTX officials, and their responses, were 
predictable.  But the civil society representatives with whom 
we met made it clear that they depend on the U.S.  Government 
and the international community to continue pressing the GOTX 
for more.  Persistence and patience, along with a consistent 
message to the government in support of democratic reform, do 
indeed appear to be the tools to slowly chip away at 
President Niyazov's stranglehold on his people. 
FINLEY