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P 271308Z MAY 08
FM AMEMBASSY ASHGABAT
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UNCLAS SECTION 01 OF 02 ASHGABAT 000673 
 
SENSITIVE 
SIPDIS 
 
STATE FOR SCA/CEN; DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM TX
SUBJECT:  TURKMENISTAN'S CONSTITUTIONAL COMMISSION UNVEILS 
KEY PROPOSALS UNDER CONSIDERATION 
 
¶1.  (U)  Sensitive but unclassified.  Not for public internet. 
 
¶2.  (SBU)  SUMMARY:  On May 22, President Berdimuhamedov 
delivered a speech, then sat in on a televised constitutional 
commission meeting where some 10-12 proposals for revision 
were publicly unveiled for the first time since the process 
of constitutional revision began.  Although the 
state-controlled media reported the week of May 19 that the 
Mejlis had received over 400 proposals, no further 
information had been provided on them.  Coverage of the May 
22 meeting provided a window into the main areas for change 
that are under consideration, including substantial 
enhancement of the parliament's powers, clarification of the 
president's authority, and some independence for the 
judiciary.  Berdimuhamedov asked commission members to focus 
also on provisions that would help improve socio-economic 
conditions for citizens as well.  The commission appears to 
be well on its way to meeting the July 1 goal.  END SUMMARY. 
 
PRESIDENT DESCRIBES HIS DREAM FOR CONSTITUTIONAL CHANGE 
 
¶3.  (U)  President Berdimuhamedov opened a meeting of the 
government's Constitutional Commission on May 22, which was 
covered extensively on both television and in the government 
daily, "Neytralniy Turkmenistan," the next day.  His 
televised speech focused on his front burner priorities for 
the commission to consider as its work got underway.  The 
speech focused on changes to the function of the state as 
well as measures to improve socio-economic conditions for 
citizens.  He emphasized the new constitution's role in 
promoting change, stating "The new constitution will 
represent the factual end of a transitional period in 
Turkmenistan from a Soviet social structure to a democratic 
one." 
 
¶4.  (U)  He said the new version of the constitution should 
conform to all agreements and international conventions to 
which Turkmenistan is a party.  He also suggested that the 
Mejlis (parliament) be given "delaying veto" power regarding 
the ratification of international treaties and acts signed by 
the president.  (COMMENT:  A "delaying veto" appears to be 
one that slows down the process for further consideration or 
clarification, but does not kill or veto the bill.  END 
COMMENT.)  The document should also ensure that all natural 
resources in the country belong to the state and are fully 
under its legal jurisdiction.  The president also stated that 
in the event of "extraordinary emergencies," the State 
Security Council, with the president at its head, be 
activated and provided with legal powers.  He also suggested 
that Halk Maslahatys (People's Councils) at the provincial 
level should be eliminated. 
 
¶5.  (SBU)  Berdimuhamedov spoke at length about the 
commission's responsibility to ensure that the revision 
contains appropriate provisions that will guarantee all 
citizens modern housing, health care, and education, 
including compulsory secondary schooling.  He recommended 
that provisions be included that will foster entrepreneurship 
and the development of small and medium-sized businesses, 
with 70% of the labor force engaged in that sector.  He also 
acknowledged a role for civil society organizations in 
implementing both democratic and socio-economic reforms that 
improve citizens' living conditions.  (NOTE:  A definition of 
"civil society organization" was not provided, but most 
likely refers to government-sponsored organizations.  END 
NOTE.) 
 
COMMISSION MEMBERS APPEAR TO RESPOND 
 
¶6.  (U)  Commission members, including Speaker of Parliament 
Nurberdiyeva, Institute for Democracy and Human Rights 
Director Akhmedova, and Institute for State and Law Director 
Zakhirov, rose during the meeting and identified key proposal 
areas.  They recommended that the national Halk Maslahaty 
 
ASHGABAT 00000673  002 OF 002 
 
 
(the 2,500-member rubber-stamp Peoples Council) be abolished 
and all lawmaking and other powers transferred to the 
Parliament.  The Parliament would have important legislative 
powers, including adopting or altering the constitution or 
constitutional laws, control over presidential elections, 
changing state boundaries, and consideration of international 
treaties or alliances.  The number of Parliament deputies 
would increase from 65 to 125.  The Peoples Council (Halk 
Maslahaty) would then become a much smaller, purely 
consultative "Elders Council." 
 
¶7.  (SBU)  Regarding presidential authority, a proposal was 
made to increase the president's term in office from five to 
seven years, to provide more time to implement reforms. 
(NOTE:  There was no discussion of number of terms.  END 
NOTE.)  Other proposals would authorize the president to 
conduct national referenda (in coordination with the 
Parliament), and control over the structure and composition 
of the Central Election Commission.  He would be authorized 
to set Parliamentary elections, as well as the elections of 
provincial, district, or city People's Councils and rural 
councils.  He would also maintain the right to appoint 
governors and mayors. 
 
¶8.  (U)  The Justice Minister, Murat Garryev, also identified 
several proposals relating to the judiciary.  The first would 
make it illegal for the state to confiscate property without 
compensation, unless the property had been illegally 
acquired.  The second proposal suggested that the Supreme 
Court, not the Peoples Council, bear responsibility for 
determining a life sentence, in conformance with the criminal 
code.  The final proposal was to reduce the presidential 
power to appoint all prosecutors, and limit presidential 
appointments to the Prosecutor General, the Deputy Prosecutor 
General, and provincial prosecutors (including for Ashgabat). 
 Prosecutors appointed by the president would serve five-year 
terms.  Under this proposal, all other prosecutors in 
Turkmenistan would be overseen by the Prosecutor General. 
 
¶9.  (SBU)  OSCE Human Dimension Officer Benjamin Moreau said 
the proposals the commission discussed seem to be a step in 
the right direction, but he expressed concern that there was 
little information regarding how power between the executive, 
legislative, and judicial branches would be balanced, despite 
the proposal of changes that would redistribute power.  He 
also expressed disappointment that the appointment of judges 
was not discussed, given its key role regarding the 
independence of a judiciary. 
 
¶10.  (SBU)  COMMENT:  The full extent of the revisions under 
consideration is unclear at this point.  However, the 
president's comments about constitutional reforms that should 
support broad socio-economic reform suggest there is a 
multitude of additional areas that are being considered for 
revision, but we have yet to get a look into that process. 
Nonetheless, it appears the process is quickly moving 
forward, and the government appears poised to meet the July 1 
deadline for the constitutional commission to complete a 
final draft for the Parliament to consider.  END COMMENT. 
HOAGLAND