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DE RUEHAH #0131/01 0271329
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P 271329Z JAN 10
FM AMEMBASSY ASHGABAT
TO RUEHC/SECSTATE WASHDC 4140
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RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUCNCIS/CIS COLLECTIVE
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RHMCSUU/CDR USCENTCOM MACDILL AFB FL
RUEHVEN/USMISSION USOSCE 4343
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHEHNSC/NSC WASHDC
RUEKJCS/SECDEF WASHDC
RUEKJCS/JOINT STAFF WASHDC

UNCLAS SECTION 01 OF 02 ASHGABAT 000131 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR SCA/CEN 
 
E.O. 12958: N/A 
TAGS: SMIG PHUM PGOV TX
SUBJECT: TURKMENISTAN: NEW LAW ON STATE MIGRATION SERVICE 
 
REF: 09 ASHGABAT 679 
 
ASHGABAT 00000131  001.2 OF 002 
 
 
¶1. (U) Sensitive but unclassified.  Not for public Internet. 
 
¶2. (SBU) SUMMARY:  In late 2009, the Turkmen Government 
adopted a law governing the State Migration Service. 
Previously, the Migration Service's responsibilities were 
spelled out in a presidential resolution.  The law provides a 
legal basis for the Migration Service's activities, as well as 
its goals, rights and obligations.  The law prohibits the 
Migration Service from actions that would violate 
constitutionally guaranteed rights, but its authority was 
expanded to allow it to detain individuals, conduct quasi- 
judicial investigations and use force.  While the new law sets 
standards that could increase the transparency of the 
Migration Service's actions, holding the agency accountable 
for violations will be a challenge for aggrieved parties.  END 
SUMMARY. 
 
¶3. (SBU) On November 28, 2009, the Government of Turkmenistan 
published the new Law on the Migration Service, specifically 
designed to regulate the State Migration Service's activities. 
The law states that "the Migration Service carries out its 
activities in a transparent manner, if doing so does not 
contradict legislation on the protection of human rights and 
individual freedoms, or on secrets protected under special 
laws."  The law also provides that "any restriction of the 
rights and freedoms of citizens is allowed only on the basis 
of and in a manner allowed by the laws of Turkmenistan." 
Citizens detained and held in custody on suspicion of 
committing migration offenses are entitled to be informed by 
migration service staff about the reason for their detention. 
 
¶4. (SBU) Turkmenistan's Constitution provides for equal rights 
of citizens, including freedom of movement (travel).  The 
Migration Service law stipulates "respect for human rights, 
without discrimination on the basis of national traditions and 
customs, while dealing with migration issues" as one of the 
Service's main goals.  The law is silent on the issue of the 
constitutional right of citizens to travel abroad.  Similarly, 
it does not include a requirement that citizens deprived of 
that right be informed of the reason. 
 
¶5. (SBU) According to the law, the Migration Service now has 
the right to detain and hold individuals on suspicion of 
committing a migration offense in a temporary detention 
facility during interrogation.  Its officers also have the 
right to use physical force to prevent and stop a violation of 
law, and to use legitimate force when detaining individuals 
who committed a migration crime.  This expanded authority to 
conduct quasi-judicial investigations and use force transforms 
the Migration Service into a law enforcement agency.  The law 
states that Cabinet of Ministers exercises control over 
activity of the Migration Service according to presidential 
instructions.  The Office of Prosecutor General is responsible 
for overseeing implementation of the law. 
 
¶6. (SBU) Among other areas of responsibility, the law 
stipulates that the Migration Service has authority to deal 
with trafficking in persons.  In coordination with Cabinet of 
Ministers, the Service determines refugee status in 
Turkmenistan, registers refugees, issues refugee certificates 
and creates conditions for their voluntary return to their 
countries of residence.  According to the law, Migration 
Service also issues certificates to stateless persons residing 
on the territory of Turkmenistan. 
 
¶7. (SBU) COMMENT:  While the new law was a necessary step 
towards transparency in the actions of the Migration Service, 
effective implementation and accountability will be needed to 
achieve positive change.  One big black hole in the Migration 
 
ASHGABAT 00000131  002.2 OF 002 
 
 
Service's responsibilities involves citizens who are denied 
the right to travel abroad (reftel).  Although by law such 
right is to be withheld only in limited cases, in practice the 
Migration Service cooperates with other government agencies to 
ban travel for many individuals.  Neither the Migration 
Service nor any other government agency admit to this 
violation, the so-called "black list," which nonetheless 
indisputably exists.  If the new law ends up simply codifying 
current practices, it will bring no transparency to a key 
aspect of the Migration Service's responsibilities.  END 
COMMENT. 
 
CURRAN