VZCZCXRO3491
PP RUEHAG RUEHAST RUEHBI RUEHCI RUEHDBU RUEHDF RUEHIK RUEHLH RUEHLN
RUEHLZ RUEHNEH RUEHPW RUEHROV RUEHSK RUEHSL RUEHSR RUEHVK RUEHYG
DE RUEHAH #1160/01 2541301
ZNR UUUUU ZZH
P 111301Z SEP 09
FM AMEMBASSY ASHGABAT
TO RUEHC/SECSTATE WASHDC 3453
INFO RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUCNCIS/CIS COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE
RUEHAK/AMEMBASSY ANKARA 5661
RUEHBJ/AMEMBASSY BEIJING 3379
RUEHKO/AMEMBASSY TOKYO 3243
RUEHIT/AMCONSUL ISTANBUL 3904
RUCNDT/USMISSION USUN NEW YORK 1139
RHMCSUU/CDR USCENTCOM MACDILL AFB FL
RUEHVEN/USMISSION USOSCE 3894
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHEHNSC/NSC WASHDC
RUEKJCS/SECDEF WASHDC
RUEKJCS/JOINT STAFF WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS SECTION 01 OF 02 ASHGABAT 001160 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR SCA/CEN 
 
E.O. 12958: N/A 
TAGS: PGOV TX
SUBJECT: TURKMENISTAN'S LEGISLATIVE REFORM -- GENUINE OR COSMETIC? 
 
¶1. (U) Sensitive But Unclassified. Not for Public Internet. 
 
¶2. (SBU) SUMMARY: Turkmenistan is in the process of reforming 
outdated Soviet-era laws, with the stated intention of supporting 
broader reforms in the country and bringing about compliance with 
international standards.  President Berdimuhamedov himself announced 
the reform program for the country's legislation.  The reform 
process is supposed to be open to the public, but public debate is 
often limited to laws of secondary importance.  In reality, the main 
sources of new Turkmen legislation are the President and 
international organizations, but even pressure from international 
bodies cannot ensure that the new laws are implemented.  END 
SUMMARY. 
 
¶3. (SBU) To a large extent, Turkmenistan relies on the use of 
outdated Soviet-era laws in the absence of new ones.  Former 
President Niyazov did little to address this problem.  Current 
President Berdimuhamedov, almost immediately after his election, 
announced his intention of reforming the country's laws to make them 
correspond to international standards.  Legislative reform was to be 
part of a broader process of reform throughout the country. 
 
¶4. (SBU) Turkmen law provides that legislative initiatives may come 
from various sources including the president, members of parliament, 
ministers and those that work in the ministries, NGOs, and citizens. 
 Alternatively, a parliamentary committee chairman can create a 
working group or a commission to draft a law.  In practice, however, 
the Turkmen president exercises full control over all parliamentary 
affairs, including initiating new laws. 
 
¶5. (U) According to the official process, once a new law is drafted, 
an authorized person, usually a member of parliament, can put it 
forward for voting.  The drafts must be checked to make sure they do 
not conflict with any current regulations.  Staffers on the 
parliamentary committee or within the presidential administration 
usually conduct that review.  When alternate drafts of the same law 
are proposed, the parliament has to decide which of the versions 
will be put forward.  After the Mejlis has passed a draft law, the 
president signs it, and it is then published in the local press. 
 
¶6. (SBU) Lawmaking in Turkmenistan is theoretically designed to 
involve as many different layers of the government and community as 
possible.  Discussions on the law are supposed to be held openly in 
the parliament and mass media, according to an article published 
recently in the state-run newspaper "Neytralniy Turkmenistan."  In 
practice, however, new laws are often not discussed until after they 
have been passed.  One exception was when the government opened up a 
debate on a law on taxation of private entrepreneurs, holding 
seminars and conferences.  It is possible that the Turkmen 
Government did not consider this law important because the national 
budget consists mostly of revenues from the sale of natural gas, not 
taxes. 
 
¶7. (SBU) Although most laws in Turkmenistan are initiated by the 
president, some have been the result of strong support by 
international organizations.  UNICEF, for instance, has supported 
legislation on breastfeeding and prohibiting child labor.  The 
British Embassy, UNDP, and UNICEF have brought together a working 
group of local and international experts to redraft the Criminal 
Code.  Businesses also attempt to influence new legislation. 
Turkmenistan's textile factories started supporting bans on child 
labor when they began getting orders from overseas companies, such 
as Tommy Hilfiger. 
 
¶8. (SBU) COMMENT: Although the stated goal of legislative reforms is 
to make Turkmenistan compliant with international standards, many 
people believe that the changes are purely cosmetic.  People inside 
Turkmenistan often refer to the Turkmen parliament as the "Union of 
Artists," because they create a budget which has very little to do 
with the reality of Turkmen revenues and expenditures, and they pass 
 
ASHGABAT 00001160  002 OF 002 
 
 
laws that are never implemented.  In reality, everything remains 
under the control of the presidential administration, and the 
parliament's role is to pass laws by an overwhelming majority. 
Still, without new laws, some of which have benefited from input 
provided by international experts, the Turkmen government could 
never move to the next stage involving effective implementation and 
rule of law.  END COMMENT. 
 
CURRAN