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DE RUEHAH #1398/01 2971218
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P 231218Z OCT 08
FM AMEMBASSY ASHGABAT
TO RUEHC/SECSTATE WASHDC PRIORITY 1756
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UNCLAS SECTION 01 OF 02 ASHGABAT 001398 
 
SENSITIVE 
SIPDIS 
 
STATE FOR SCA/CEN, DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM TX
SUBJECT: TURKMENISTAN: REVISED PARLIAMENTARY ELECTION LAW 
 
REFLECTS INFLUENCES OF INTERNATIONAL ORGANIZATIONS 
 
¶1.  (U) Sensitive but unclassified.  Not for public Internet. 
 
¶2.  (SBU)  Turkmenistan's revised Law on Elections of Mejlis 
(parliament) Deputies, published without fanfare on October 
15, contains a range of changes that will affect the election 
process, candidates, potential election observers, the media, 
and the operations of election commissions.  Many of the 
changes are possibly those the UNDP recommended to the 
government of Turkmenistan in the course of its electoral 
reform project and have been raised by international 
observers in the past.  Below are the most significant 
changes that post noted. 
 
THE ELECTION PROCESS 
 
¶3.  (SBU)  Ballots will now only be printed in the Turkmen 
language.  Previously, ballots were also made available in 
the dominant language of a given election district, which 
would have required the provision of Uzbek or Russian 
language ballots, for example.  Polling stations will now be 
open at a determined time, and close at a determined time. 
Election commissions will not close the polls and start 
counting when all names on the district voter list have been 
crossed off, as they did in the past.  Voters will now mark 
on the ballot the candidate they want to vote for, rather 
than crossing out those they do not want (i.e., negative 
voting has been eliminated). 
 
¶4.  (SBU)  The revised law deleted a provision for 
invalidating election results if less than half of the 
registered voters voted, or if one of two candidates were to 
die.  There are several new provisions to enable citizens who 
have been officially detained and the mentally ill to vote, 
to include establishment of polling stations where they are 
located.  Sentenced prisoners, however, are still prohibited 
from voting.  There are also new provisions to establish 
voting capacities for citizens overseas, with the MFA 
overseeing the process. 
 
CANDIDATES 
 
¶5.  (SBU)  Language was removed that banned a person from 
being a candidate for five years after he has served out a 
court sentence.  A prospective candidate can now protest the 
rejection of his registration at either the Central Election 
Commission (CEC) or in court.  Previous language giving the 
person three days to do this was removed.  In runoff 
elections, additional candidates can't be introduced.  Local 
self government organs and public associations no longer 
participate in the organization of meetings between 
candidates and voters.  Executive authorities provide the 
premises for candidate meetings.  Regional election 
commissions, however, will still "render assistance" to 
candidates in meeting with voters. 
 
RULES FOR OBSERVERS 
 
¶6.  (SBU)  A largely new Article 23 spells out the rights andresponsibilities of observers.  The CEC is responsible for 
organizing all election observation activity.  Anyone can be 
a national observer, but his powers still must be certified 
by a relevant document, and he must be registered by regional 
authorities.  International observers must be invited by the 
government and be accredited by the CEC.  Invitations to 
observers can be sent by the president or by the CEC.  The 
CEC is tasked with sending invitations to the election bodies 
of foreign states and international organizations.  A foreign 
observer's authorization begins only on the day he is 
accredited and ends when election results are published. 
 
¶7.  (SBU)  To perform his role, a foreign observer must have 
three documents provided by the government: the original 
invitation, his accreditation, and an official ID he receives 
 
ASHGABAT 00001398  002 OF 002 
 
 
after accreditation.  Foreign observers can meet with 
candidates, party representatives, public associations and 
other observers to talk about legislation or the preparation 
and conduct of the elections.  Observers cannot engage in 
activities unrelated to the preparation and conduct of the 
elections.  The CEC can revoke the accreditation of an 
observer who violates the rules. 
 
MEDIA ACCESS 
 
¶8.  (SBU)  Article 23 also contains language that outlines 
the mass media's rights during the election period.  It does 
not differentiate between international and state-run media. 
They can cover election commission meetings, examine election 
commission protocols, cover pre-election campaign events, 
have access to polling stations, and shoot video.  The media, 
however, will still likely be dependent on election 
commissions for election event and location information. 
Elsewhere, in Article 38, election commissions are tasked 
with ensuring equal media opportunities for all candidates. 
 
ELECTION COMMISSIONS 
 
¶9.  (SBU)  Regional People's Councils no longer have a role 
in election activities.  Governors and local government 
leaders have also lost their potential roles in election 
commissions.  (NOTE:  Recent publication of the provincial 
election commission members--formed by the CEC--shows a 
deputy governor now heading every commission.  END NOTE.) 
Provincial election commissions are no longer to be temporary 
bodies, but "constantly active" entities.  Public 
associations or gatherings of citizens or military personnel 
can no longer oust a member of an election commission. 
(NOTE:  It appears that only the CEC can oust commissioners 
of subordinate commissions.  END NOTE.) 
 
¶10.  (SBU)  COMMENT:  Overall, the revisions appear to be a 
modest step forward in the effort to introduce international 
standards.  Many of the changes appear to reflect some of the 
recommendations that the UN, OSCE and others have shared with 
the Turkmen government.  That said, there are few changes 
that indicate a desire to promote pluralism or greater 
transparency in the process.  Further, requirements that 
ballot or other election information be provided only in the 
Turkmen language will have an impact on those citizens, who 
are not conversant in Turkmen -- which includes many 
non-ethnic Turkmen -- whose interest in the process was 
already diminished.  END COMMENT. 
CURRAN