VZCZCXRO2004
PP RUEHLN RUEHVK RUEHYG
DE RUEHDBU #0262/01 0511341
ZNR UUUUU ZZH
P R 201341Z FEB 07
FM AMEMBASSY DUSHANBE
TO RUEHC/SECSTATE WASHDC PRIORITY 9653
INFO RUCNCIS/CIS COLLECTIVE
RUEHBUL/AMEMBASSY KABUL 1990
RHEFDIA/DIA WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEHDBU/AMEMBASSY DUSHANBE 1266

UNCLAS SECTION 01 OF 02 DUSHANBE 000262 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV KDEM PHUM EAID TI
SUBJECT: TAJIK GOVERNMENT AND NGOS BEGIN DIALOGUE, BUT OUTSTANDING 
ISSUES REMAIN 
 
REF: A)  DUSHANBE 167 B)  STATE 200959 
 
DUSHANBE 00000262  001.2 OF 002 
 
 
¶1.  (SBU) Summary:  Two related issues from the Tajik government 
have kept non-governmental organizations in the spotlight (or 
crosshairs) and unsettled a number of U.S. assistance 
implementers.  A draft Law on Public Associations passed by the 
lower house of Parliament February 14 could strengthen 
government oversight of organizations and require foreign 
associations to register with both the Ministry of Foreign 
Affairs and the Ministry of Justice, thus adding bureaucratic 
layers to an already cumbersome process.  Recent requests from 
the Ministry of Foreign Affairs for information about 
organizations' charters and employees (ref A) continue to cause 
confusion.  An Embassy-initiated working group meeting between 
government and NGO Forum representatives February 20 took a 
small step towards clarifying the conflicting requests and 
standardizing submitted information.  However, the Ministry of 
Foreign Affairs continues to maintain its stance that it (not 
the Ministry of Labor) must protect Tajik employees of 
non-governmental organizations.  Although post is working hard 
to establish a productive dialogue between the government and 
civil society organizations, we expect that non-governmental 
organizations will be under increasing scrutiny, with more 
bureaucratic hoops to jump through.  End Summary 
 
Law on Public Associations 
 
---------------------------------- 
 
¶2.  (SBU)  With little fanfare, the Parliament's lower chamber 
passed a law revising the 1998 Law on Public Associations, 
giving greater oversight to government bodies. The Upper House 
still must pass the law and President Rahmonov must sign it, but 
if it goes into effect, the Ministry of Foreign Affairs would 
need to accredit all international organizations before they 
could register with the Ministry of Justice.  The law also gives 
the Justice ministry the right to suspend the activities of an 
organization found "infringing on the rights of citizens." 
While the law is not as draconian as some others in the former 
Soviet Union, it could justify intense scrutiny of some 
organizations' activities, particularly those dealing with 
democracy and political party building.  Several legal advisors 
and organizations are working to try to produce an amended 
version before the upper house passes the current draft. 
 
Information for Ministry of Foreign Affairs 
 
--------------------------------------------- ------------ 
 
¶3.  (SBU)  Independent of the Law on Public Associations, the 
Ministry of Foreign Affairs sent letters to a handful of 
organizations asking for certain documents, then sent a 
different letter, asking for a revised set of documents.  The 
Ministry's request raised concerns on two levels: the legal 
justification to collect information already on record with 
other government entities and the logistics of when, how and how 
often to submit such information.  After a number of individual 
meetings between organization directors and different ministry 
officials, with and without Embassy involvement, the Embassy 
arranged a working group meeting February 20 to flesh out the 
request and the requirements. 
 
¶4.  (SBU)  The working group started with 45 minutes of talking 
in circles.  "We need a more specific letter about the 
requirements." "You just need to call the Ministry of Foreign 
Affairs and we'll explain the requirements." "We do not want to 
call, because we get mixed and conflicting answers. We want them 
written down." "But we sent you a letter." "It is confusing." 
"Call if you are confused." "The letter is not specific enough 
nor does it explain why you cannot get the information from the 
Ministry of Justice, and you sent two versions."  "You can send 
your information for the Ministry of Justice through the 
Ministry of Foreign Affairs." "Does the Ministry of Justice 
agree?" "We'll take care of that." "Could we get that in 
writing?" "Why do you need this in a letter?" 
 
¶5.  (SBU)  Eventually, Sherali Jononov, head of the Ministry of 
Foreign Affairs' legal department explained that the Ministry 
was trying to establish a database of information about all 
non-governmental organizations working in the country as a way 
to systematize the accreditation process for individuals. (Note: 
Under the current system, only foreigners working in Tajikistan 
get accreditation from the Ministry of Foreign Affairs, and this 
is more of a courtesy than a requirement. Under the new Law on 
Public Associations, organizations would need accreditation as 
well. End Note.) 
 
¶6.  (SBU) He also cautioned that Tajik citizens must be 
 
DUSHANBE 00000262  002.2 OF 002 
 
 
protected against unscrupulous employers.  As in a previous 
meeting with EmbOff and NGO Forum representatives (reftel), he 
gave the example of Counterpart International as a foreign 
organization that abused the system, by forging documents to get 
a car registered as a non-governmental vehicle. That same car, 
he claims, was found containing heroin in Kazakhstan. 
Representatives from the Ministry of Economic Development and 
Trade, and Ministry of Interior, Tax Committee and the Committee 
on Investments and State Property remained silent during most of 
the discussion. 
 
¶7.  (SBU)  The working group agreed that the Ministry of Foreign 
Affairs would draft a new, more specific letter, outlining the 
requested information and a timeline for its submission.  The 
Ministry would not agree to let the NGO Forum representatives 
clear on the next draft, but did promise to coordinate the 
process.  "Dialogue is important," said Jononov as he left. "We 
must keep coordinating with each other."  EmbOff handed the 
government officials present copies of the U.S. Government's 
"Ten Guiding Principles on NGOs" (Ref B) and noted that the 
right to operate free of government control was an important 
human rights principle.  "We know, we got this," said a 
representative of the Ministry of Foreign Affairs International 
Organizations department." 
 
Comment 
 
---------------- 
 
¶8.  (SBU)  The working group managed to take a tiny step forward 
on the logistics of submitting documentation to the Ministry of 
Foreign Affairs in a standardized format that applied to all 
non-governmental organizations.  The Ministry badly bungled its 
first two attempts to extract the same information, failing to 
consult the NGO Forum leadership.  Despite new promises of 
dialogue and coordination, the non-governmental organizations 
are skeptical the Ministry will correct its mistakes; they 
expect another confusing request for information that the 
Ministry cannot even process. 
 
¶9.  (SBU)  The bigger question of government control of foreign 
organizations remained untouched and unanswered.  The government 
is clearly uncomfortable with certain organizations -- National 
Democratic Institute, Freedom House, and Internews -- and at 
times, simply unhappy with others -- Mercy Corps, Counterpart 
International.  In addition to the additional accreditation, the 
new law could give the government leeway to stop an 
organization's activities if the government perceives that a 
Tajik citizen's "rights" have been violated.  On previous 
occasions, the Ministry has called in Embassy representatives to 
complain that local staff of non-governmental organizations have 
been fired or dismissed, not promoted, or "insulted" by 
expatriate staff.   The new law could give the Ministry more 
teeth to crack down on non-governmental organizations that fall 
out of favor with the government.  Organizations that want to 
clean house and fight corruption will have their hands tied. 
End Comment. 
HUSHEK