VZCZCXRO0651
RR RUEHAG RUEHAST RUEHBI RUEHCI RUEHDF RUEHIK RUEHLH RUEHLN RUEHLZ
RUEHNEH RUEHPW RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHAH #1586/01 3430938
ZNR UUUUU ZZH
R 080938Z DEC 08
FM AMEMBASSY ASHGABAT
TO RUEHC/SECSTATE WASHDC 1958
INFO RUCNCIS/CIS COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHAK/AMEMBASSY ANKARA 4565
RUEHBJ/AMEMBASSY BEIJING 2369
RUEHKO/AMEMBASSY TOKYO 2234
RUEHIT/AMCONSUL ISTANBUL 2813
RUEHVEN/USMISSION USOSCE 3119
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RHEHNSC/NSC WASHDC
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RUEKJCS/JOINT STAFF WASHDC
RUEKJCS/SECDEF WASHDC

UNCLAS SECTION 01 OF 03 ASHGABAT 001586 
 
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: INSTITUTE OF DEMOCRACY AND HUMAN RIGHTS PLANS 
AMENDMENTS TO NGO LAW 
 
REF: ASHGABAT 1547 
 
¶1.  (U) Sensitive but unclassified.  Not for public 
Internet. 
 
¶2.  (SBU) SUMMARY: After the November 17-18 USAID- 
supported roundtable on Improving Turkmenistan's 
Legislation on Public Organizations (reftel), the 
Institute of Democracy and Human Rights under the 
President of Turkmenistan (IDHR) and the International 
Center for Not-for-Profit Law (ICNL) developed a 
practical action plan for introducing changes to 
existing legislation in this area.  The first step is 
for USAID/ICNL to work with the Interministerial 
Commission on Bringing Turkmen Legislation in 
Compliance with the International Standards in 
February 2009 to identify and propose specific 
amendments, which the IDHR indicated will be passed to 
Parliament for consideration in spring 2009.  Next, 
USAID/ICNL will organize a study-tour to Hungary in 
April 2009 for government representatives to review 
European practices on regulating non-governmental 
organizations (NGOs).  Finally, USAID/ICNL will 
continue to provide information on international best 
practices on NGO legislation, and jointly with IDHR, 
will publish a book of key NGO-related laws in 
Turkmenistan, including guidelines on how to establish 
and register a NGO in Turkmenistan.  Taken 
collectively, this long-term work plan formalizes the 
constructive relationship between USAID's partner ICNL 
and IDHR, and sets out a path to creating an improved 
regulatory environment for NGOs in Turkmenistan.  END 
SUMMARY. 
 
ICNL TO DRAFT AMENDMENTS FOR INTERMINISTERIAL 
COMMISSION 
 
¶3.  (U) Following the November 17-18 roundtable, 
Institute of Democracy and Human Rights (IDHR) 
Director Shirin Ahmedova and Natalie Bourjaily, Vice 
President of USAID partner International Center for 
Not-for-Profit Law (ICNL), agreed that in February 
2009 Bourjaily would head a group of ICNL experts that 
would draft possible amendments to the existing Law on 
Public Organizations in cooperation with the IDHR and 
members of the Interministerial Commission on Bringing 
Turkmen Legislation in Compliance with the 
International Standards.  The package of draft 
amendments will focus on provisions in the existing 
law that contravene Turkmenistan's international 
obligations (e.g., eliminating the prohibition on 
unregistered associations, reducing the number of 
required founding members from 500 to 10 or fewer, 
eliminating the authority of the Ministry of Adalat to 
dissolve NGOs without a court decision, confirming the 
right of foreigners to establish and to be members of 
NGOs, etc.). 
 
¶4.  (U) During the visit, Bourjaily will meet with 
members of Parliament, the Ministry of Justice, the 
Ministry of Economic Development, and the State Tax 
Service of Turkmenistan to discuss these and other 
measures for improving the legislation regulating 
public associations.  Ahmedova said that the 
Interministerial Commission would submit the draft 
amendments to the Law on Public Associations to 
Parliament in spring 2009.  (COMMENT: Draft 
legislation proposed by the Interministerial 
Commission receives serious consideration by 
Parliament and is often adopted without significant 
changes.  ICNL believes that draft amendments could be 
adopted by summer 2009. END COMMENT) 
 
ASHGABAT 00001586  002 OF 003 
 
 
 
FOLLOWED BY STUDY TOUR TO HUNGARY 
 
¶5.  (U) In April 2009, USAID/ICNL will organize a 
study-tour to Budapest, Hungary for five government 
officials (e.g., one each from IDHR, Ministry of 
Justice, Institute of State and Law, Parliament, and 
Ministry of Foreign Affairs) to educate participants 
about European practices related to registration, 
supervision and government-support of NGOs.  The study 
tour's objective is to generate greater understanding 
of and support for reforms that would improve the 
legal environment for NGOs in Turkmenistan. 
 
¶6.  (U) In July 2009, prticipants of the study tour 
will organize a roundtable for government officials 
and NGOs to discuss their experiences and to generate 
proposals to bring other Turkmen legislation into 
compliance with international standards and best 
practices.  One possible outcome from this roundtable 
will be an agenda for further specific reforms (e.g., 
legislation to encourage the development of charitable 
organizations and philanthropy). Ahmedova said these 
proposals would be incorporated into the National 
Program for Improving the Environment for Human Rights 
in Turkmenistan, which serves as a workplan for 
Turkmenistan's government. 
 
PROMOTE INFORMATION SHARING AND ACCESS TO LEGAL 
INFORMATION 
 
¶7.  (U) ICNL agreed to submit various articles on 
comparative law relating to NGOs for publication in 
the IDHR's magazine on human rights and democracy 
issues (three articles have already been submitted and 
are waiting to be published).  In addition, the IDHR 
and ICNL will jointly publish a book containing the 
key legislation relating to NGO sector in 
Turkmenistan, along with guidelines on how to 
establish and register a NGO.  This book would be the 
first of its kind since Turkmenistan's independence in 
¶1992. 
 
¶8.  (U) The United Nations is currently establishing a 
resource center within the IDHR that includes a 
database of legislation.  The resource center will 
provide NGOs, small businesses, and individuals with 
access to information and legislation.  ICNL will 
provide copies of legislation governing NGOs and will 
supply books and publications in Russian to resource 
libraries being established by the IDHR, the Institute 
of State and Law, and the Institute of International 
Affairs. 
 
¶9.  (SBU) COMMENT: The work plan agreed to after the 
roundtable specifies how USAID/ICNL will cooperate 
with the IDHR and the Ministry of Justice to enable 
registration of new public organizations.   Additional 
areas of cooperation will be agreed upon after the 
proposed amendments to the NGO law have been approved 
by Parliament.  The scope and scale of possible 
cooperation will depend on future USAID funding 
levels. 
 
¶10.  (SBU) COMMENT CONTINUED: Following the 
roundtable, the IDHR director reiterated her strong 
desire to establish long-term cooperation with 
USAID/ICNL while implementing the reforms and other 
measures outlined above.  By working with empowered 
government institutions like IDHR, the USG has a real 
chance to support an improved legislative environment 
for NGOs that results in greater opportunities for 
 
ASHGABAT 00001586  003 OF 003 
 
 
civic participation in Turkmenistan.  Access to 
adequate funding for these activities is critical to 
demonstrate a similar commitment from the USG.  END 
COMMENT.