CONTINUING TROUBLES FOR NATIONAL DEMOCRATIC INSTITUTE IN

C O N F I D E N T I A L SECTION 01 OF 02 DUSHANBE 001467 SIPDIS SIPDIS E.O. 12958: DECL: 10/16/2017 TAGS: PREL PGOV PHUM TI SUBJECT: CONTINUING TROUBLES FOR NATIONAL DEMOCRATIC INSTITUTE IN TAJIKISTAN CLASSIFIED BY: Tracey A Jacobson, Ambassador, American Embassy Dushanbe, Department of State. REASON: 1.4 (b),(d) ¶1. (C) Summary: The National Democratic Institute Director in Tajikistan, Harry Bader, has received another one-month, two-entry visa, further blocking his efforts to obtain registration for his organization. The Ministry of Foreign Affairs had previously promised Bader a three-month visa, which would have made the registration process easier. Security services reportedly blocked the three-month visa at the last moment, and appear to be increasing harassment of National Democratic Institute employees, including the American Director. Embassy is not optimistic that the Government will agree to the National Democratic Institute's registration, but will continue to advocate with the Government for a long-term visa for Mr. Bader, and to clarify legal conditions for the organization's registration. End summary. ¶2. (C) On 12 October 2007, PolOffs met with Harry Bader, Director of National Democratic Institute's Tajikistan office, to discuss his visa status in Tajikistan. Bader had applied for a 3-month, multiple entry visa, the receipt of which is a prerequisite to register NDI with the Tajik authorities. On October 9 an office worker at the Ministry of Foreign Affairs Consular Office showed the non-governmental organization's Tajik office manager an approved application for a 3-month multiple entry visa, signed by the new head of the Consular Office (also President Rahmon's daughter). National Democratic Institute's office manager left the Ministry thinking that final issuance of the visa would be just a formality. Pressure on National Democratic Institute Employees -------------- -------------- ¶3. (C) However, on October 11 Tajik security officers (from the State Committee on National Security) stopped National Democratic Institute's Tajik Program Manager and questioned him regarding Bader's activities. The same State Security officers have been questioning this employee regularly over a period of years, but they have generally shown a friendly attitude. On this occasion, however, the State Security officers took a negative tone. They asked the Program Manager about Bader's reaction to the recent high level summits held in Dushanbe, and then reprimanded him for not informing them that Bader had met with the Ukrainian delegation to the summit -- although no such meeting took place. They told the Program Manager that he was "not helping himself" by working for the American organization. They described National Democratic Institute as an organization that is "attacking the Tajik government," and backed up this assertion by noting that the new National Democratic Institute Country Director in Kyrgyzstan has come from the organization's Belarus office. Finally, they threatened that Bader would not get a visa at all. When the Program Manager responded that the State Committee on National Security did not decide visa issuances, they then indicated that Bader would receive a one-month visa. ¶4. (C) At approximately the same time on October 11, Mr. Bader said he was walking on a Dushanbe street when three men in a car stopped in front of him and told him to get into their car. One went so far as to put his hands on Mr. Bader, but Bader brushed him aside and kept walking. The men did not identify themselves, and promptly drove off. Bader also said that an expatriate friend, head of the NGO Forum and Director of U.S. implementing partner Mercy Corps, had been approached and questioned on the street about her relationship with Bader. Bader considers these two incidents to be annoyances, not threatening. And Another Short-Term Visa -------------- ¶5. (C) On Thursday, October 11, Bader's office manager picked up his visa. Despite the earlier approval for a three-month visa, it turned out to a one-month, two-entry visa, valid until mid-November 2007. In addition to the limited flexibility of the short-term visa, Mr. Bader explained that the length of the visa's validity has a bearing on the non-governmental organization registration process. Depending which Tajik law is cited -- the Law on Legal Entities or the Law on Public Associations -- Bader, as the organization's foreign director needs either a 3 month or a 6 month visa for his organization to qualify for registration. Bader said that Government officials have not clarified which laws apply in the case of National DUSHANBE 00001467 002 OF 002 Democratic Institute's registration, but by either regulation, Bader cannot register the organization while in possession of a one-month visa. The deadline for registering under the Law on Public Associations is January 1, 2008. ¶6. (C) The Embassy has continued to advocate for National Democratic Institute in support of obtaining proper visas from the Foreign Ministry and clarification from the Justice Ministry about registration regulations and procedures. The Embassy's diplomatic note from July requesting a meeting with the Justice Ministry remains unanswered despite frequent queries. We will continue our efforts to overcome these bureaucratic obstacles with the goal of helping National Democratic Institute get to a point where they can resume their program activities. Comment: Visa-ed to Death -------------- ¶7. (C) Tajik officials may be using the visa issue (a Foreign Ministry function) to re-direct our focus from the question of registering National Democratic Institute (a Justice Ministry function). By continuing to issue Bader short term visas, the Foreign Ministry has also taken the onus off the Ministry of Justice to clarify its legal conditions for National Democratic Institute's registration. The latest harassment tactics against Bader and his staff and acquaintances, as well as our conversations with Tajik officials make it clear that it is the security apparatus -- the State Committee on National Security -- that is most opposed to National Democratic Institute's presence here in Tajikistan. Whether it's visas or registration, Tajik officials hope to use bureaucratic obstacles to convince National Democratic Institute to withdraw from Tajikistan without actually kicking them out. End comment. JACOBSON