USOSCE AMBASSADOR FINLEY'S VISIT TO TURKMENISTAN:

C O N F I D E N T I A L SECTION 01 OF 04 USOSCE 000203

SIPDIS

SIPDIS

STATE FOR EUR/RPM, SCA (PERRY),SCA-PPD (SCHWARTZ),DRL

E.O. 12958: DECL: 05/16/2016
TAGS: PGOV PHUM PREL OSCE TX
SUBJECT: USOSCE AMBASSADOR FINLEY'S VISIT TO TURKMENISTAN:
DRIVING HOME THE HUMAN RIGHTS AND DEMOCRATIC REFORMS AGENDA


Classified By: Ambassador Julie Finley for reasons 1.4 (b) and (d)


1. (SBU) This is a joint USOSCE-Embassy Ashgabat message.


2. (C) Summary: During her May 4-5 visit to Ashgabat,
USOSCE Ambassador Finley met with GOTX officials to urge
progress on human rights and democratic reforms in
Turkmenistan. With the exception of FM Rashit Meredov, GOTX
interlocutors were reluctant to engage on substance and
sought to avoid direct discussion of the main issues of
concern. Ambassador Finley's meetings with the OSCE Center
staff and representatives from civil society underscored the
difficulties that civil society continues to face in trying
to navigate through Turkmenistan's strictly controlled and
overly bureaucratic state apparatus. End summary.

Round 1: Meeting with FM Meredov
--------------


3. (C) USOSCE Ambassador Finley, accompanied by Ambassador
Jacobson and USOSCE and Embassy Ashgabat officers, spent the
first part of a two-day visit to Ashgabat meeting with GOTX
officials to underscore the need for progress on human rights
and democratic reforms in Turkmenistan. Meeting with FM
Rashit Meredov in a room at the MFA that is wired so that
President Niyazov can listen in, Ambassador Finley began by
thanking the GOTX for its continued support for U.S.
overflights and in providing gas-and-go services at Ashgabat
airport. However, she continued, security is but one of many
issues important to our bilateral relationship. We are
particularly concerned about the state of human rights and
democracy in Turkmenistan. Building economies and allowing
citizens their human rights go hand in hand, Ambassador
Finley underscored. The U.S. Government values its
relationship with Turkmenistan and wants it to flourish and
play a responsible role in the international community. Our
questions and suggestions on human rights and
democracy-building are made in good faith, and should be
taken as such by the GOTX, she said. Ambassador Finley said
she laughed when she read that Meredov was the former
Director of the National Democracy and Human Rights
Institute, asking how could this institute even exist.

GOTX Redefines Human Rights
--------------


4. (C) Meredov responded that the GOTX listens to U.S.
suggestions with due respect, and some issues have been
resolved as a result, pointing to progress on registration of
religious organizations as an example. However, Meredov
continued, only 15 years have passed since independence,
making Turkmenistan a young country. Turkmenistan has chosen
its own path of development, Meredov said, adding that social
and economic rights for citizens are provided for by the
constitution. Ambassador Finley responded that these are not
the only kinds of rights that the GOTX is responsible for
ensuring. Where is the individual's right to protest, and
the freedom of the media, for example? She also wondered
about the logic behind President Niyazov's decision to lower
mandatory school years from ten to nine.


5. (C) Meredov insisted that the GOTX does not need to
create artificial conditions for citizens to protest, adding
that there are "legislative processes" through which citizens
can lodge complaints. "Public protests don't look good and
aren't constructive," Meredov said. Meredov insisted that
Niyazov's lowering of mandatory school years has not had a
detrimental effect on Turkmenistan's youth, because the GOTX
has front-loaded the educational system with an enhanced
kindergarten. Meredov added that he is "absolutely
satisfied" with his three daughters' education.

Representing the GOTX at the OSCE: Not a Job for the
Faint-Hearted
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6. (C) In response to Ambassador Finley's query about the
welfare and whereabouts of former GOTX Ambassadors to the
OSCE Batyr Berdiev and Vladimir Kadyrov, Meredov said that
Berdiev remains in prison following his conviction for
participation in the "terrorist act" (attempted coup) in
2002, and that all documents pertaining to his guilt were
provided to the OSCE's satisfaction in 2003 when the
organization invoked the Moscow Mechanism (in which a
participating State can be called upon to explain its actions
to the 55-member OSCE). As far as Kadyrov is concerned,
Meredov said that he retains his title of ambassador and is
currently working at an institute in his capacity as a
jurist. Meredov said he saw Kadyrov personally on several
occasions, and has no question as to Kadyrov's well-being.

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Ambassador Finley responded that the best way to deal with
the international community's concern about Berdiev and
Kadyrov is for the GOTX to allow someone from the ICRC to
visit them both.


7. (C) Ambassador Jacobson added that the GOTX recently took
a good step by letting dissident author Esenov travel to New
York to accept the prestigious PEN Award. The GOTX can
amplify this progress now by letting representatives from the
international community visit Berdiev and Kadyrov. Since
there continues to be a dispute between the GOTX and the ICRC
on visit modalities (the latter insists on visiting prisoners
on a one-on-one basis, while the GOTX insists that a
government official accompany),Ambassador Jacobson
reiterated that she is willing to allow GOTX officials to
accompany her on visits to both. Meredov was non-committal,
and said that GOTX-ICRC discussions are continuing. Meredov
concluded the meeting by cheekily asking about the current
location of former USOSCE Ambassador Minikes.

Round 2: The Impotent MOJ
--------------


8. (C) The meeting with Minister of Justice Ashyrgeldi
Gulgarayev provided insight into how little weight the MOJ
has. The visibly nervous Gulgarayev, only nine months into
his tenure after a relatively benign career in the military,
spent much of his time alternately perspiring profusely and
explaining the areas for which the MOJ has no responsibility:
freedom of movement, freedom of press, operations of law
enforcement agencies. He insisted that the new migration
law, which his ministry can only review if requested by the
Mejlis, does not impede the travel of citizens either inside
or outside of Turkmenistan, but rather serves to monitor the
travel of foreigners in the country. When asked about the
extreme difficulty NGOs face in registering -- something for
which his ministry is responsible -- Gulgarayev insisted that
many applications are rejected because they are insufficient
and either do not contain the relevant paperwork or do not
meet the requirements of the law (such as number of people
who must be members in order to qualify for national status).


9. (C) When Ambassador Finley pushed back that the GOTX has
made NGO registration virtually impossible (there are only
seven independent NGOs in Turkmenistan, and only two were
allowed to register in 2005),Gulgarayev let Head of the
Department for International Relations and NGO Registration
Maysa Saryeva explain the "technical" requirements of
registering and why so many NGOs cannot meet these
requirements. Ambassador Finley noted that the GOTX should
not be afraid to admit that many of the organizations they
term NGOs are really government NGOs. Ambassador Jacobson
added that the USG is not encouraged by the difficulties the
Ahal Alumni Association has faced in registering as an NGO.

Round 3: The National Institute of Democracy and Human
Rights: In Name Only
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10. (C) Ambassador Finley interrupted Head of the Department
for Democracy and Human Rights of the National Institute for
Democracy and Human Rights (NIDHR) under the President of
Turkmenistan, Shemshat Atajanova's sweeping overview of the
institute. Ambassador Finley asked what grade Atajanova and
Head of the Department for Statehood Studies and
International Relations at the NIDHR Durdy Annamyradov would
give the institute when neither democracy or human rights
exist in Turkmenistan. (Note: The NIDHR is co-located in the
MOJ building. End Note.) Atajanova and Annamyradov
explained that the institute does mostly "scientific" work,
which consists mainly of reviewing and making suggestions on
legislation. For example, the institute played a role in
banning child labor and the death penalty. Those
achievements notwithstanding, Ambassador Finley said, where
is the progress on freedom of expression and basic rights?
The representatives responded that most citizens are
concerned with "social" issues: residential problems, law
enforcement, and services provided by social agencies, and
concluded that development in Turkmenistan is evolutional:
first political, then economic, then legal. Ambassador
Finley noted that they forgot to mention "democratic."
(Note: Atajanova explained that the State Service for the
Registration of Foreign Citizens was created by
recommendation of the NIDHR staff to regulate refugee issues.
This Service also wrote the new Migration Law and enforces
the GOTX's "black list" for citizens wanting to travel
abroad. End Note.)

Round 4: CRA Touts "Successes"
--------------

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11. (C) The meeting with the Council for Religious Affairs
Chairman Atamyrat-Ogly, Deputy Chair Myrat Garryev and Mufti
of Turkmenistan Allaberdiyev was dominated by Garryev, who
reviewed the work that the Council has undertaken and the
progress made toward freedom of religion in Turkmenistan. He
explained that, while only four mosques and one Russian
Orthodox church existed in the country after independence in
1990, today there are 11 religions operating freely
throughout Turkmenistan, with 400 mosques and 13 Russian
Orthodox churches spread throughout the country. (Note:
Garryev counts each of the registered minority religious
groups as an individual religion although seven of them are
Christian communities.) The Council, despite being a
government body, has been effective in easing requirements
for the establishment of a religious organization (the law
used to require 500 members, but now only requires five).
Garryev acknowledged there are still official restrictions on
group worship in homes, but the GOTX has limited ability to
enforce these restrictions. Garryev claimed that all faiths
live in unity without conflict.

OSCE Center Under a Microscope
--------------


12. (C) During the first day of her visit, Ambassador Finley
also met with OSCE Center staff and representatives of local
NGOs. The OSCE Center staff explained that the Center still
operates under a microscope in Turkmenistan, and is viewed
with suspicion by the GOTX. The GOTX blocks most OSCE work
with civil society. The population is generally afraid to
contact the OSCE and, as a result, the Center has achieved
only limited, small successes. One of those successes was
securing GOTX approval to open an internet cafe on the OSCE
premises. In addition, the OSCE Center in Ashgabat worked to
raise the profile of two recent human rights cases, the
release of psychiatric patient Durdykuliyev and the
successful departure of writer Rahim Esenov to accept the PEN
award in the U.S. Patience and persistence, as well as
establishing confidence and respect, are essential to
continuing OSCE work in Turkmenistan, concluded OSCE Center
head Ambassador Djikic.

The Challenges Faced by Turkmenistan's Civil Society
-------------- --------------


13. (C) His remarks were echoed by the civil society
representatives who met with Ambassador Finley, who
complained that civil society has become even more
restrictive in Turkmenistan. Civil groups and private
citizens avoid the OSCE office and events because they are
harrassed by Turkmen authorities following such contacts,
according to the NGOs. The group also complained about
continued difficulties in registering their groups, accusing
the MOJ of sitting on their requests for more than nine
months, then demanding more documents and refusing to respond
to their questions about the status of their applications.
Out of the 15 civil society groups that met with Ambassador
Finley, only five politically non-controversial NGOs (dealing
with sports and rehabilitation of disabled people, for
example) had succeeded in registering. These registered NGOs
told Ambassador Finley that the GOTX watched them for one
year to ensure they would not be a threat before approving
their registration.


14. (C) Other civil society reps have been able to operate
on a limited basis by registering as entrepreneurs and
engaging in strictly limited (by the GOTX) activities under a
patent. A Kazakh community representative described the
community's failed attempts to register because they are
viewed as an ethnic minority, and the GOTX would like to view
all citizens as Turkmen. Nevertheless, the civil society
representatives said they would persevere because the
citizens are looking to them to help bring about change.
Keik Okara, one of the groups in danger of closing because it
is unable to raise funds due to its unregistered status,
conducts English language and computer/internet training for
youth, particularly those in limbo due to the recent
reduction in mandatory school years, and has a waiting list
of 270 students. Ambassador Finley's subsequent meeting with
alumni of U.S. exchange programs also highlighted the
dilemmas that Turkmen youth are facing with regard to
education and employment opportunities. She encouraged them
to persevere in their efforts to bring about positive change
in Turkmenistan.

Local Journalists Want More Contact With International Media
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15. (C) At a wrap-up press opportunity with local stringers

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(that was boycotted by the official Turkmen press),
Ambassador Finley stressed the need for progress on democracy
and human rights. Several of the journalists complained
about the increasing GOTX restrictions on the media; one
stringer for Itar-Tass said she had had her license revoked
without explanation, while another complained that the GOTX
had not allowed the OSCE Center to invite local journalists
to its recent conference on tourism. The group expressed
interest in working more closely with the OSCE Center on
media-related issues and events.

Comment
--------------


16. (C) While this visit did in fact offer up some, albeit
small, examples of progress that the GOTX has made, more
importantly, it provided Ambassador Finley with the
opportunity to underscore, once again, to the government and
the people of Turkmenistan that the U.S. Government's agenda
in the region is based equally on promoting democracy and
respect for human rights, security, and economic stability.
Our meetings with GOTX officials, and their responses, were
predictable. But the civil society representatives with whom
we met made it clear that they depend on the U.S. Government
and the international community to continue pressing the GOTX
for more. Persistence and patience, along with a consistent
message to the government in support of democratic reform, do
indeed appear to be the tools to slowly chip away at
President Niyazov's stranglehold on his people.
FINLEY