TAJIKISTAN'S PROPOSED LAW RESTRICTS NGOS' RIGHTS AND

C O N F I D E N T I A L DUSHANBE 002050 SIPDIS STATE FOR EUR/CACEN, SA NSC FOR MERKEL E.O. 12958: DECL: 12/19/2015 TAGS: PGOV PREL PHUM TI SUBJECT: TAJIKISTAN'S PROPOSED LAW RESTRICTS NGOS' RIGHTS AND ACTIVITIES CLASSIFIED BY: Richard Hoagland, Ambassador, Dushanbe, Tajikistan, Department of State. REASON: 1.4 (b),(d) ¶1. (C) The Tajik government is debating a law aimed to control NGO activities that could threaten the legal status of international NGOs. The Embassy received a draft copy of the Law On Public Organizations (Associations) leaked to the Soros Foundation. The Foundation also provided the Embassy with a legal analysis of the draft law. The law, drafted by the Ministry of Justice and submitted to the lower Chamber of Parliament on November 30, would replace an existing Law on Public Associations enacted May 23, 1998. The government, hopeful the law can be quietly passed without dissent, has deliberately kept information about the Law from the public. ¶2. (C) The Soros Foundation believes the government is convinced that international NGOs instigated CIS color revolutions, and fears NGOs in Tajikistan will ignite a revolution here. ¶3. (C) The Foundation opines the new law would "seriously damage the democratization process of the country and formation of civil society". The following are important changes to the law with adverse effects on NGOs' abilities to function in Tajikistan. -Local NGOs will not be able to participate in elections. The original law permitted NGOs to participate in election campaigns, however, the new draft law eliminates this provision. NGOs would be unable to nominate or support candidates. -NGOs would be prohibited from using the word "political" or any form of the word in their title. -The Ministry of Justice would continue to have registration authority over NGOs. The draft law, expected to be enacted in January 2007, requires all NGOs previously registered to be re-registered by March 2007. NGOs must submit annual and quarterly reports to the MOJ. Many NGOs already have technical problems with the Ministry of Justice and cite examples of bribery and corruption. -The government would tighten its financial control. NGOs would have to report to the State Committee on Taxes and other tax and financial agencies. The Foundation points out excess demand for information, including financial activities, from the government violates the constitutional principle of self-governance and financial independence of public associations. -NGO leaders and members would be liable for NGO activities. If prosecuted they would be treated as leaders of criminal organizations. Soros believes this addition is designed to instill fear and obedience in leaders and members. -The draft law does not address the legal status of international NGOs. Technically, international NGOs only set up branches and representational affiliations in country and their main judicial office is outside of Tajikistan. The current law allows judicial entities to set up NGOs in Tajikistan. However the new law stipulates that only physical entities (persons) may legally establish a public organization. Since judicial entities and foreign citizens cannot set up NGOs, that leaves little room to legalize international NGOs. -Although it does not address the legal status of international NGOs, it stipulates their branches and affiliates must be accredited by the Ministry of Foreign Affairs. ¶4. (C) COMMENT: This new draft law coincides with a similar law initiated by Nazarbaev in Kazakhstan as well as the restrictive NGO law introduced in Russia. Such timeliness shows the Russian government is instructing regional governments to control NGO activities, thereby limiting Western influence. ¶5. (C) No official copy of the draft law has been publicized and there are rumors the law is still changing. As it stands now, the law jeopardizes NGOs, their personnel and members' security. Broad stipulations allow the government to easily convict opposition NGO personnel. This law would scare some NGOs away from Tajikistan or technically preclude NGOs from operating. The draft law prohibits NGOs from carrying out their mission and assisting in the social and economic development of Tajikistan, particularly democracy and human rights focused NGOs. END COMMENT. ARMBRUSTER NNNN