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ZNR UUUUU ZZH
R 110311Z FEB 08
FM AMEMBASSY ASHGABAT
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RUCNMEM/EU MEMBER STATES COLLECTIVE
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
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RHMFIUU/CDR USCENTCOM MACDILL AFB FL
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RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RUEKJCS/JOINT STAFF WASHDC
RUEKJCS/SECDEF WASHDC

UNCLAS SECTION 01 OF 03 ASHGABAT 000206 
 
SIPDIS 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR SCA/CEN, SCA/PPD, EUR/ACE, DRL 
AID/W FOR EE/EA 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM EAID KDEM TX
SUBJECT:  TURKMENISTAN:  INSTITUTE FOR DEMOCRACY AND HUMAN RIGHTS 
ACCEPTS USAID PROPOSALS FOR COOPERATION 
 
REF: A. ASHGABAT 0099 
 
 ¶B. 07 ASHGABAT 1130 
 ¶C. 07 ASHGABAT 1346 
 ¶D. 07 ASHGABAT 1391 
 
¶1.  (U) Sensitive but unclassified.  Not for public Internet. 
 
¶2.  (SBU) SUMMARY: On February 7, USAID Country Representative met 
with the Director of the Institute for Democracy and Human Rights to 
discuss areas of potential cooperation outlined in the letter 
received from the Ministry of Foreign Affairs (MFA) January 16. 
During the meeting, the Institute's director identified a joint 
international conference on NGO legislation as its priority and 
proposed the first week of April as a potential date.  She also 
welcomed technical assistance to professionalize the commission 
established by President Berdimuhamedov shortly after his 
inauguration to review citizen's complaints against law-enforcement 
bodies.  In addition, she asked for assistance on developing a 
database of legislation that would be accessible to citizens through 
an Information Resource Center to be set up at the Institute, 
support to revise the juvenile justice system, training for 
Institute staff on legal awareness and computer skills, and possible 
study tours to introduce international experience to government 
officials.  Most of the proposals are in line with USAID's existing 
programs, and the director agreed that USAID's partners could carry 
out working-level discussions to address these opportunities as a 
next step.  END SUMMARY. 
 
¶3.  (SBU) USAID Country Representative met with the Director of the 
Institute for Democracy and Human Rights Shirin Ahmedova and 
Department Head Shemshat Atayeva on February 7 to discuss areas of 
potential cooperation that were specified in the official letter 
received from the Ministry of Foreign Affairs (MFA) on January 16 
(Ref. A).  Ahmedova said she had called Foreign Minister Meredov and 
explained that she wanted this to be a working meeting, without the 
formalities of MFA participation.  (COMMENT:  Atayeva arranged the 
meeting directly with a USAID FSN, without the involvement of the 
MFA, and no notetakers from the MFA were present.  This underscores 
Ahmedova's ability to maneuver through and around internal 
protocols.  END COMMENT.)  Skipping the customary formalities, 
Ahmedova proceeded directly to the possible areas of cooperation. 
 
INTERNATIONAL CONFERENCE ON NGO LEGISLATION 
 
¶4.  (SBU) As background, Ahmedova explained that the Institute's 
objective is to support President Berdimuhamedov's initiative to 
bring Turkmenistan's laws up to international standards.  The 
Institute has already submitted numerous recommendations to the 
commission reviewing legislation, and identified the laws on civic 
organizations and religious organizations as current priorities.  To 
this end, she wants to organize conferences focused on these two 
laws. (NOTE:  ICNL already proposed to jointly organize such an 
event after an October 2007 meeting (Ref. C).  END NOTE.)  The 
conference's goal should not be to criticize existing legislation, 
but to provide information and generate constructive feedback that 
could be channeled to the government through the commission. 
 
¶5.  (SBU) Based on the Institute's current schedule, the event could 
be planned for the first week of April 2008.  The proposed event 
would be connected to two concepts: the ongoing process of legal 
reforms in Turkmenistan, and the 60th anniversary of the Universal 
Declaration on Human Rights.  She proposed the following agenda: 
-- Day 1:  Focus on international standards for laws related to 
civic organizations; 
-- Day 2:  Focus on positive examples of countries with such 
legislation (NOTE: Ahmedova identified Kazakhstan, Moldova, and the 
Baltic countries as possible examples, but acknowledged other 
possibilities. END NOTE), with presentations by government 
representatives from these countries; and 
-- Day 3:  Focus on development of new legislation in Turkmenistan. 
 
Each presentation should be followed by moderated discussions.  The 
 
ASHGABAT 00000206  002 OF 003 
 
 
expected output from the conference would be recommendations for a 
new law that could be submitted to the commission. 
 
¶6.  (SBU) Ahmedova proposed that the co-organizers be MFA, IDHR and 
USAID.  The participants should include representatives of the 
Mejlis (Parliament), MFA, Ministry of Justice, the Democratic Party, 
and major civic organizations.  To broaden the exposure of this 
event, she proposed inviting participants from each province.  She 
promised to organize significant mass-media coverage for the event, 
and offered to cost-share meal expenses for any provincial 
participants. 
 
REFORMING THE CITIZEN'S COMPLAINT COMMISSION 
 
¶7.  (SBU) Ahmedova said that the commission, which was set up by 
President Berdimuhamedov shortly after his inauguration, had already 
received over 1,500 complaints so far.  The commission is tasked 
with responding to all complaints it receives.  She pointed out the 
need for a system that will allow the commission to summarize and 
analyze the complaints, and wants to make it more professional, 
effective and responsive to the population.  To this end, she 
welcomed support from an international expert that could help to 
upgrade this structure into a real professional operation.  USAID's 
local governance programs have not specifically supported the 
development of this type of body, but have generally addressed 
improved information flows between citizens and local governments. 
USAID will consider possible ways to support this request, and as a 
first step will provide a summary of its local government activities 
undertaken in other countries.  In addition,  USAID will arrange a 
meeting with the Institute for its local government specialist, who 
will be on TDY in Ashgabat from February 11-15, to discuss these 
programs in greater detail. 
 
IMPORTANCE OF INCREASING LEGAL AWARENESS 
 
¶8.  (SBU) Akhmedova repeated her earlier stated interest in 
developing a database of legislation in the Russian language as part 
of the Institute's plans to develop an Information Resource Center 
on its own base (Ref. B).  Ahmedova was pleased to hear that ABA 
already has such a database, and asked to receive a copy for review. 
 Stating that she wants the planned Information Resource Center to 
do more than just hand out information, she suggested that they 
would be receptive to USAID training two staff members, who then 
would provide services to clients. 
 
¶9.  (SBU) Ahmedova requested USAID's support in publishing legal 
information and distributing these materials.  USAID Representative 
said that ABA was already doing this type of work through its legal 
clinics under the Community Empowerment Project, and offered to 
share training materials for her review.  Although the Institute's 
mandate focused more on increasing awareness among government 
officials, she agreed that the modules used to train ABA's lawyers 
might be modified for future joint training sessions for these 
officials. 
 
INTEREST IN REFORMING THE JUVENILE JUSTICE SYSTEM 
 
¶10.  (SBU) The government currently is looking at proposals for 
reforming specific laws, such as the Criminal Procedures Code and 
Defense of Rights of Children to bring them into conformity with 
international standards.  (NOTE: Ongoing donor input to reforming 
the Criminal Procedures Code was corroborated in a February 7 phone 
call to USAID Country Representative from German legal expert Dr. 
Rolf Knieper, who advised that the German technical agency GTZ had 
signed a Memorandum of Understanding recently with the Institute. 
Under this MOU, GTZ will provide commentary on the Criminal 
Procedure Code and was requested to work on the Civil Procedures and 
Family Codes.  END NOTE.) As part of this process, she would also 
like to reform the juvenile justice system to decriminalize certain 
penalties for youth aged 14-16.  Using the example of fourteen 
year-old kids being jailed for stealing a car, she said this was 
"not like committing murder."   Although UNICEF provided examples of 
 
ASHGABAT 00000206  003 OF 003 
 
 
laws on juvenile justice, she would also like to learn more about 
how such penalties were actually administered in other countries 
(i.e., sentencing, processing, etc.).  She suggested that an 
exchange/study tour for representatives from the Ministry of 
Justice, Mejlis (Parliament) and the Institute would be welcomed. 
 
COMPUTER TRAINING ALSO NEEDED 
 
¶11.  (SBU) Noting the importance of upgrading the computer skills of 
the Institute's staff, Ahmedova welcomed two-day basic computer 
skills training to be provided by USAID's partner IREX through the 
Internet Access and Training Program.  She said that such training 
should be done at the Institute rather than an outside location, and 
that training should begin with department heads first.  In a candid 
acknowledgement laced with a hint of frustration, Ahmedova 
acknowledged that Institute currently does not have access to the 
Internet at all -- not even via TurkmenTelecom. (NOTE: In past 
meetings, Ahmedova has told USAID that she was trying to obtain 
high-speed internet access through the EU/NATO/Supreme Council for 
Science and Technology's Virtual Silk Highway project, but never 
acknowledged that the Institute has no access at all.  END  NOTE.) 
She said that Dr. Hanno Schaumburg, the German project director for 
the Virtual Silk Highway, had previously offered to connect the 
Institute, but she expressed hope that this issue might be resolved 
during his next visit in March 2008. 
 
DESIRE TO INCREASE WORKING CONTACTS 
 
¶12.  (SBU) Many of Ahmedova's ideas for reforms are broadly 
consistent with a number of USAID's existing programs, but the 
Institute had limited knowledge about them since cooperation with 
this entity was difficult under President Niyazov.  Ahmedova agreed 
that increased contacts was a positive way to improve working 
relations, and agreed to consider the suggestion to form "working 
groups" composed of USAID and its implementing partners. 
 
¶13. (SBU) COMMENT:  This was a positive, productive working meeting 
that highlighted Ahmedova's business-like approach to cooperation. 
In spite of her extensive work load, she was well-briefed and 
expressed a clear vision for joint activities.  That she was able to 
"call Meredov" and organize a direct meeting with USAID without MFA 
participation highlights her access and comfort in dealing with 
other top government officials.  Furthermore, her desire to reform 
the citizen's complaint commission was a welcome surprise that 
demonstrated her ability to think more broadly without being 
directed.  She must be the prototype government official that 
President Berdimuhamedov has in mind when he criticizes others for 
failing to act without being led by the hand.  This sure ain't 
Niyazov's Turkmenistan anymore!  END COMMENT. 
 
HOAGLAND