Identifier
Created
Classification
Origin
07ASHGABAT1387
2007-12-20 12:08:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Ashgabat
Cable title:
TURKMENISTAN'S GOVERNMENT PUBLISHES NEW LAWS ON
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UNCLAS SECTION 01 OF 02 ASHGABAT 001387
SIPDIS
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, G/TIP, DRL
E.O. 12958: N/A
TAGS: PGOV PHUM SOCI KCRM KWMN TX
SUBJECT: TURKMENISTAN'S GOVERNMENT PUBLISHES NEW LAWS ON
WOMEN'S RIGHTS AND TRAFFICKING IN PERSONS
UNCLAS SECTION 01 OF 02 ASHGABAT 001387
SIPDIS
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, G/TIP, DRL
E.O. 12958: N/A
TAGS: PGOV PHUM SOCI KCRM KWMN TX
SUBJECT: TURKMENISTAN'S GOVERNMENT PUBLISHES NEW LAWS ON
WOMEN'S RIGHTS AND TRAFFICKING IN PERSONS
1. (U) Sensitive but unclassified. Not for public Internet
2. (U) Turkmenistan's official Russian-language government
newspaper, "Neutralnyy Turkmenistan," published two new laws
on December 19 and 20: the 26-article "Law of Turkmenistan on
State Guarantees of Equal Rights of Women" and the 20-article
"Law on the Battle against Trafficking in Persons." Both
laws are totally new, rather than amended versions of
previously existing legislation. They have both been on the
drafting list for the Third Session of the Mejlis
(Parliament) since 2005, with the Committee on Economic and
Social Policy tasked to develop the law on women's rights,
and the Committee for International and Interparliamentary
Contacts responsible for the trafficking law. These are the
first new laws that have been published since the
Presidential Law was passed in early July.
3. (SBU) At first glance, the Law on Women's Rights appears
to have been an original government draft, rather than a
version developed in coordination with an international
organization partner. Post knows that Turkmenistan had been
working with the UNDP on this law, but, according to the
legal advisor at the OSCE Center in Ashgabat, the law that
was published does not reflect any portion of the 40-article
draft that the UNDP put forward in June 2007. The law bans
discrimination against women and does not permit violent or
illegal interference in the personal life of a women or
infringement on her honor, worthiness and reputation. The
law enumerates a variety of rights in the area of family,
work, education, health, and civil sphere. For example, it
states, equal to men, women have a right to determine their
attitude toward religion, believe any religion or none at
all, and freely express their own opinions and views. Wives
are equal in family relations. Women, on a volunteer basis,
have the right to fulfill their constitutional responsibility
to defend the Fatherland by entering the armed forces. The
state guarantees healthy and safe working conditions,
including for pregnant women and mothers. The state creates
for women conditions equal to men for access to the
management ranks of businesses and for opportunities to work
in government. The law also says the principle of equality
in work activity extend to housework, which should not serve
as a means of discrimination against women and can be
conducted equally by men and women.
4. (SBU) Post also knows that the individual from the Mejlis
responsible for the trafficking-in-persons (TIP) law
participated in an INL-funded DOJ/OPDAT study tour to the
United States in November 2006, and that DOJ gave him
materials on U.S. trafficking legislation at his request
during the visit. The law defines various terms related to
TIP, including trafficking in persons, trafficker, victim,
recruitment, and slavery. It outlines the various methods
and forms of exploitation of victims of trafficking. The law
names the General Procurator, Ministry of Internal Affairs,
Ministry of National Security, State Border Service, State
Service for Registration of Foreign Citizens, and the MFA as
among the state entities involved in the fight against TIP.
The measures to be adopted to fight TIP are monitoring the
problem; developing and implementing programs aimed at
prevention; cooperating with civic organizations working in
this sphere; educational programs; and increasing information
about situations in which one could potentially fall victim,
government measures to prevent it, and criminal and
administrative penalties. The law promises aid to victims
such as medical, psychological, professional rehabilitation,
and assistance in finding work. It also says Turkmenistan
will cooperate with foreign states and their law-enforcement
and other agencies in the fight against TIP.
5. (SBU) COMMENT: Post will follow up with analysis septel
after talking to locally based experts. Much of what is
ASHGABAT 00001387 002 OF 002
contained in these laws is very positive. However, other
countries, which have been dealing with the issue of women
rights for a much longer time, still are trying to put good
words into practice. The commitment to work with
international partners on TIP gives an opening for new U.S.
programs in this area. END COMMENT.
HOAGLAND
SIPDIS
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, G/TIP, DRL
E.O. 12958: N/A
TAGS: PGOV PHUM SOCI KCRM KWMN TX
SUBJECT: TURKMENISTAN'S GOVERNMENT PUBLISHES NEW LAWS ON
WOMEN'S RIGHTS AND TRAFFICKING IN PERSONS
1. (U) Sensitive but unclassified. Not for public Internet
2. (U) Turkmenistan's official Russian-language government
newspaper, "Neutralnyy Turkmenistan," published two new laws
on December 19 and 20: the 26-article "Law of Turkmenistan on
State Guarantees of Equal Rights of Women" and the 20-article
"Law on the Battle against Trafficking in Persons." Both
laws are totally new, rather than amended versions of
previously existing legislation. They have both been on the
drafting list for the Third Session of the Mejlis
(Parliament) since 2005, with the Committee on Economic and
Social Policy tasked to develop the law on women's rights,
and the Committee for International and Interparliamentary
Contacts responsible for the trafficking law. These are the
first new laws that have been published since the
Presidential Law was passed in early July.
3. (SBU) At first glance, the Law on Women's Rights appears
to have been an original government draft, rather than a
version developed in coordination with an international
organization partner. Post knows that Turkmenistan had been
working with the UNDP on this law, but, according to the
legal advisor at the OSCE Center in Ashgabat, the law that
was published does not reflect any portion of the 40-article
draft that the UNDP put forward in June 2007. The law bans
discrimination against women and does not permit violent or
illegal interference in the personal life of a women or
infringement on her honor, worthiness and reputation. The
law enumerates a variety of rights in the area of family,
work, education, health, and civil sphere. For example, it
states, equal to men, women have a right to determine their
attitude toward religion, believe any religion or none at
all, and freely express their own opinions and views. Wives
are equal in family relations. Women, on a volunteer basis,
have the right to fulfill their constitutional responsibility
to defend the Fatherland by entering the armed forces. The
state guarantees healthy and safe working conditions,
including for pregnant women and mothers. The state creates
for women conditions equal to men for access to the
management ranks of businesses and for opportunities to work
in government. The law also says the principle of equality
in work activity extend to housework, which should not serve
as a means of discrimination against women and can be
conducted equally by men and women.
4. (SBU) Post also knows that the individual from the Mejlis
responsible for the trafficking-in-persons (TIP) law
participated in an INL-funded DOJ/OPDAT study tour to the
United States in November 2006, and that DOJ gave him
materials on U.S. trafficking legislation at his request
during the visit. The law defines various terms related to
TIP, including trafficking in persons, trafficker, victim,
recruitment, and slavery. It outlines the various methods
and forms of exploitation of victims of trafficking. The law
names the General Procurator, Ministry of Internal Affairs,
Ministry of National Security, State Border Service, State
Service for Registration of Foreign Citizens, and the MFA as
among the state entities involved in the fight against TIP.
The measures to be adopted to fight TIP are monitoring the
problem; developing and implementing programs aimed at
prevention; cooperating with civic organizations working in
this sphere; educational programs; and increasing information
about situations in which one could potentially fall victim,
government measures to prevent it, and criminal and
administrative penalties. The law promises aid to victims
such as medical, psychological, professional rehabilitation,
and assistance in finding work. It also says Turkmenistan
will cooperate with foreign states and their law-enforcement
and other agencies in the fight against TIP.
5. (SBU) COMMENT: Post will follow up with analysis septel
after talking to locally based experts. Much of what is
ASHGABAT 00001387 002 OF 002
contained in these laws is very positive. However, other
countries, which have been dealing with the issue of women
rights for a much longer time, still are trying to put good
words into practice. The commitment to work with
international partners on TIP gives an opening for new U.S.
programs in this area. END COMMENT.
HOAGLAND