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RUEHPW RUEHROV RUEHVK RUEHYG
DE RUEHAH #1350/01 2841440
ZNR UUUUU ZZH
P 101440Z OCT 08
FM AMEMBASSY ASHGABAT
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UNCLAS SECTION 01 OF 03 ASHGABAT 001350 
 
SIPDIS 
SENSITIVE 
 
STATE FOR SCA/CEN, DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM TX
SUBJECT: TURKMENISTAN: CHANGES IN FINAL CONSTITUTION 
INCLUDE SOME RECOMMENDATIONS FROM INTERNATIONAL COMMUNITY 
 
REF: ASHGABAT 1100 
 
¶1.  (U) Sensitive but unclassified.  Not for public Internet. 
 
¶2. (SBU)  SUMMARY:  Post conducted a comparative analysis of 
the July draft and the final adopted Turkmen Constitution to 
determine what changes had been made.  The final document 
appears to have incorporated some changes that correlate to 
recommendations the diplomatic community made to bring the 
final document closer to international standards.  In 
addition, there were a number of changes that improve the 
language of the text and lay the groundwork for democratic 
progress, if related legislation is adequately revised and 
implemented.  END SUMMARY. 
 
¶3.  (SBU)  Comparative analysis of the July 22 draft and the 
September 27 final version of the Constitution of 
Turkmenistan revealed that before its adoption, about 20 
textual additions or deletions had been included.  Some of 
the revisions were the result of individual ministry working 
group suggestions and public dialogue, according to 
government sources.  The final text also appears to include 
changes meant to address some of the approximately 25 
recommendations made by the diplomatic community, in a 
document the UNDP passed to Institute for Democracy and Human 
Rights Director Shirin Akhmedova on August 20 (reftel). 
 
¶4.  (SBU)  There are six changes in the constitution's final 
published text that appear to directly address specific 
international recommendations: 
 
-- Article 19 previously stated that fundamental human rights 
and liberties are inviolable and inalienable.  The 
international community suggested that "fundamental human 
rights" be changed to "all human rights."  In response, the 
word "fundamental" was deleted and now reads "human rights 
and liberties are inviolable and inalienable." 
 
-- Article 29 previously spoke of a right to information 
provided it was not a state or official or commercial secret. 
 The international community said state or official secrets 
should be defined.  In response, the article now reads that 
citizens have a right to information provided it is not a 
state or other information protected by law 
 
--Article 31 text on restrictions regarding the types of 
political parties that can be formed, deleted the term 
"social inequality", which the international community said 
lacked definition in this context. 
 
--Article 34 deletes the phrase "forced labor is prohibited 
except as envisaged by law." 
 
--In Article 35, the term "rational" in relation to the use 
of free time was deleted, in response to confusion regarding 
its definition. 
 
--Article 52 text regarding the qualifications of a 
presidential candidate no longer contains language requiring 
a candidate to have worked in "branches of the national 
economy and having achieved high authority, acknowledged to 
be suitable for election, who can participate in the election 
of the President of Turkmenistan and able to be elected 
President of Turkmenistan."  New wording mandates that the 
candidate should have worked in "state organs, public unions, 
enterprises, institutions, organizations." 
 
¶5.  (SBU)  A number of other textual changes may have been 
made: 
 
--In Article 6, new text was added stating that if 
Turkmenistan signs an international agreement and the norms 
of the agreement are different from Turkmenistan's law, the 
 
ASHGABAT 00001350  002 OF 003 
 
 
international treaty takes precedence. 
 
--Article 10 previously stated that Turkmenistan develops its 
economy striving for a market economy based on private, state 
or other forms of ownership.  The words "state or other forms 
of ownership" have been deleted. 
 
--Article 16, which stated that the Turkmen manat was to be 
the only currency of the realm, and protected by Turkmen law, 
was deleted entirely, possibly out of concern connected to 
the widespread use of the US dollar. 
 
--Article 24 described the conditions under which a citizen 
could be detained or arrested, based on the decision of a 
court, and now contains new text that also permits detention 
or arrest "with the sanction of the public prosecutor." 
 
--Article 37 deals with environmental protection.  A sentence 
stating "every citizen has the right to a safe environment" 
has been added. 
 
--In Articles 53 and 63, responsibility for delineating 
administrative-territorial lines within the country was taken 
from the president and given to the Mejlis (parliament) which 
already had authority over national border delineation issues. 
 
--Article 58 on the process of selecting an acting president 
if something happens to the president was altered from "a 
deputy cabinet minister will be appointed", but now reads 
"temporary fulfillment of duties are to be vested in" one of 
the deputy cabinet ministers.  The change is a curious one, 
as its wording remains passive and sheds no more light on the 
opaque process by which an acting president would be chosen, 
or even by whom. 
 
--The text of Article 108 has been re-crafted to state that 
not just lawyers, but also "other persons and organizations 
provide judicial assistance to citizens and organizations," 
which will legitimize foreign entities and non-governmental 
organizations who currently provide such assistance. 
 
--Text was deleted in both Articles 103 and 113 that barred 
sitting judges and prosecutors from involvement in political 
activities, such as participation in a political party or 
organization. 
 
--Text was removed in Article 111 that limited the Prosecutor 
General's authority to enforce Turkmen law to Turkmen 
territory.  There may have been some desire to assure his 
authority over Turkmen citizens and entities abroad, leading 
to the deletion of "(on Turkmen territory." 
 
--Article 112's text, which previously affirmed the 
president's authority over the nation's prosecutors, now 
states that the manner in which prosecutors are to be hired 
and fired and the terms of their service are to be determined 
by law.  The previous language specified that prosecutors and 
the Prosecutor General were hired and fired by the president, 
which undermined the independence of the judiciary. 
 
--The text in Article 117 was altered to state that 
constitutional changes will be adopted if more than half of 
those voting in a referendum support the change.  Previous 
language stated that it had to be supported by more than half 
of the citizens who have the right to vote. 
 
¶6.  (SBU)  COMMENT:  The final document reflects a cautious 
and conservative approach by Turkmen officials to the 
recommendations made by the diplomatic community. 
Nevertheless, it is encouraging that the recommendations were 
reviewed and some were addressed with new language.  A fair 
number of changes identified in the final version do improve 
on or clarify the ideas therein.  Others have the potential 
 
ASHGABAT 00001350  003 OF 003 
 
 
to represent a step forward, if related pieces of legislation 
are revised in a positive way and are implemented.  END 
COMMENT. 
CURRAN