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RR RUEHAG RUEHAST RUEHBI RUEHCI RUEHDF RUEHIK RUEHLH RUEHLN RUEHLZ
RUEHNEH RUEHPW RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHAH #1547/01 3361215
ZNR UUUUU ZZH
R 011215Z DEC 08
FM AMEMBASSY ASHGABAT
TO RUEHC/SECSTATE WASHDC 1923
INFO RUCNCIS/CIS COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHAK/AMEMBASSY ANKARA 4543
RUEHBJ/AMEMBASSY BEIJING 2353
RUEHKO/AMEMBASSY TOKYO 2218
RUEHIT/AMCONSUL ISTANBUL 2791
RUEHVEN/USMISSION USOSCE 3103
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RHEHNSC/NSC WASHDC
RUEAIIA/CIA WASHDC
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RUEKJCS/SECDEF WASHDC

UNCLAS SECTION 01 OF 03 ASHGABAT 001547 
 
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: LIVELY DEBATE AT ROUNDTABLE ON IMPROVING NGO 
LEGISLATION 
 
REF:  A. ASHGABAT 0498 
  ¶B. ASHGABAT 1145 
 
¶1.  (U) Sensitive but unclassified.  Not for public Internet. 
 
¶2.  (U) SUMMARY: On November 17-18, USAID's partner International 
Center for Not-for-Profit Law (ICNL) and the National Institute of 
Democracy and Human Rights under the President of Turkmenistan 
(IDHR) organized a roundtable on Improving Legislation for Public 
Organizations for approximately 45 government officials.  The event 
spurred lively discussions among the participants, including 
criticism of existing legislation and strict control procedures. 
Based on the discussions of international practices related to 
public association law implementation in Azerbaijan, Tajikistan and 
Uzbekistan, the participants identified ways to improve the 
registration procedures in Turkmenistan.   After the roundtable, 
ICNL and the Institute charted concrete steps and a timeline for 
inputs to stimulate reform of legislation covering public 
associations in Turkmenistan (To be reported septel). 
 
EVENT BUILT ON ICNL-IDHR SEMINAR IN APRIL 2008 
 
¶3.  (U) On November 17-18, more than 45 government officials 
representing IDHR, Ministry of Justice, Parliament, General 
Prosecutor's Office, Supreme Court, Institute of State and Law, 
Council for Religious Affairs, Turkmen State University, Women's 
Union, Youth Union, and Union of Entrepreneurs and Manufacturers 
took part in a roundtable on Improving Legislation for Public 
Organizations in Turkmenistan.  The roundtable was a planned follow 
up to the international conference on NGO Legislation organized by 
ICNL jointly with IDHR in April 2008, which focused on best 
international practices and the experience of CIS countries on NGO 
legislation (reftel A).  By design, the April conference did not 
explicitly discuss Turkmen legislation or result in recommended 
changes to existing law.  The November event, in contrast, 
specifically addressed Turkmenistan's legislation by comparing it 
with that from three neighboring countries -- Tajikistan, 
Azerbaijan, Uzbekistan.  ICNL invited experts from these countries, 
which included its staff and/or representatives from its local 
partners, to lead these discussions.  At the request of the IDHR's 
director, ICNL provided written recommendations for improving 
Turkmenistan's legislation, which were distributed to all 
participants at the end of the round table. 
 
¶4.  (U) Discussion focused on the laws on public associations, which 
is the only form of non-governmental organization (NGO) currently 
allowed in Turkmenistan.  As previously reported (reftel B), there 
are less than 90 registered public associations in Turkmenistan. 
Most of these are government-organized NGOs (GONGOs), which 
generally are reluctant to undertake advocacy activities, but often 
have some degree of latitude to operate due to their government 
connections.  Participants were surprised to hear that many 
countries' laws related to public associations -- even Uzbekistan -- 
are more liberal than in Turkmenistan.  Specifically, they learned 
that: 
 
-- Uzbekistan has 5,000 officially registered public associations 
and Tajikistan has over 2,400; 
-- Informal associations are permitted in Tajikistan and Azerbaijan; 
 
-- Grants from foreign organizations are not required to be 
registered in Tajikistan or Azerbaijan; 
-- Registration processes for NGOs in all three countries are 
essentially the same as for commercial entities; and 
-- Foreigners are permitted to establish and be members of public 
associations in all these countries. 
 
CANDID DISCUSSIONS INCLUDED CRITICISM OF EXISTING PRACTICES 
 
¶5.  (U) The participants were especially impressed by the invited 
experts' open discussions on how their governments and NGOs jointly 
 
ASHGABAT 00001547  002 OF 003 
 
 
resolve problems in their countries.  For example, the expert from 
Azerbaijan explained how a public monitoring structure was set up in 
the Ministry of Defense to monitor soldiers' conditions after 
publicly released video showed officers physically abusing a group 
of soldiers.  Another example from Azerbaijan was how its Ministry 
of Justice closely cooperates with NGOs to monitor prison 
conditions.  Participants lauded Azerbaijan's initiatives and 
expressed a desire to introduce similar approaches in Turkmenistan 
as well. 
 
¶6.  (SBU) IDHR Director Shirin Ahmedova acknowledged that other 
countries permit wide public-sector participation in monitoring 
prison conditions, and that their penal systems are overseen by the 
Ministry of Justice rather than the Ministry of Internal Affairs. 
She suggested Turkmenistan should introduce this approach as well, 
which would comply with a recent speech of the President 
Berdimuhamedov, who said, "If a criminal is jailed, he should have 
normal human conditions in prison." 
 
¶7.  (U) Throughout the two days, Turkmen participants openly 
expressed opinions and criticized Turkmenistan's legislation, the 
Ministry of Justice's NGO registration process, and the restrictive 
procedures of other agencies.  At the end of the roundtable, 
participants expressed general agreement with ICNL's recommendations 
for changes in legislation.  Several participants called for 
follow-up action to start integrating the recommendations into 
legislative initiatives. 
 
AHMEDOVA REJECTS "HEAD IN THE SAND" APPROACH 
 
¶8.  (SBU) During her closing remarks, Institute Director Ahmedova 
said, "Why is today's event so important?  Because it is responding 
to the national need of developing of active citizenry, professional 
and competitive, to be able to take part at country undertaken 
reforms.  National reforms are underway and today's roundtable is a 
part of this process.  We should not have an ostrich's policy of 
hiding our existing problems.  We should accept that not everything 
is perfect in our country.  With regard to development, our country 
is at the teenage level and we completely accept what has been said 
by the invited experts.  We should follow other countries' examples 
to have such simple procedures as in Azerbaijan by minimizing the 
documents required for registration.  Why does a group of people 
need registration for a one-time action?  The registration office 
should not interfere with NGO activities.  NGOs are independent 
entities.  Why should we interfere while Turkmenistan's constitution 
says that government should not interfere with NGOs activities?  The 
government should support NGOs and it is very important.  This is 
said at all levels -- it is mentioned in UN conventions; it is 
mntioned in President Berdimuhamedov's speech on the need to 
develop the civic society in Turkmenistan and make legislation 
reforms.  On behalf of the institute and all participants I would 
like to thank USAID, ICNL and our honored experts for organizing 
such useful round table." 
 
¶9.  (SBU) As a next step, the IDHR invited ICNL to work with the 
Interministerial Commission on Bringing Turkmen Legislation in 
Compliance with the International Standards (the Interministerial 
Commission) and assist with drafting amendments to the Law on Public 
Associations (Law on PAs).  This package of amendments will focus on 
the core provisions in the Law on PAs that contravene Turkmenistan's 
international obligations (e.g., eliminating the prohibition of 
unregistered associations, greatly reducing the number of founders 
of a public association (PA) from 500 to 10 or fewer, eliminating 
the authority of the Ministry of Justice to terminate a PA without 
court's decision, confirming the right of foreigners to establish 
and to be members of PAs, among others).  Because of the 
Interministerial Commission's heavy schedule, this work will take 
place in February 2009, and it is understood that the Commission 
will submit the draft amendments to the Parliament immediately 
thereafter. 
 
 
ASHGABAT 00001547  003 OF 003 
 
 
¶10.  (SBU) COMMENT: The level of frank discussion in this event 
showed that there are progressive voices scattered throughout 
Turkmenistan's government that are willing to challenge existing 
restrictions and practices that limit the development of civil 
society.  Institute Director Ahmedova's closing remarks further 
demonstrated her courage and desire to bring Turkmenistan's 
legislation and practices in line with international standards, 
while displaying shrewd political instincts by framing her comments 
within President Berdimuhamedov's own words. 
 
¶11.  (SBU) COMMENT CONTINUED: The Institute's invitation for ICNL to 
work with the Interministerial Commission on Bringing Turkmen 
Legislation in Compliance with the International Standards and to 
assist with drafting amendments to the Law on Public Associations is 
a real step forward and a reflection of Ahmedova's comfort with 
USAID and ICNL as partners.  Draft legislation proposed by the 
Interministerial Commission receives serious consideration and is 
often adopted by the Parliament without significant changes.  We 
believe that new legislation could be adopted as early as 
spring-summer 2009.  END COMMENT. 
 
MILES