Identifier
Created
Classification
Origin
08ASHGABAT1026
2008-08-06 12:12:00
CONFIDENTIAL//NOFORN
Embassy Ashgabat
Cable title:
TURKMENISTAN: CONSTITUTION REVISION PROCESS
how-toVZCZCXRO4741 PP RUEHAG RUEHBI RUEHCI RUEHLH RUEHPW RUEHROV DE RUEHAH #1026/01 2191212 ZNY CCCCC ZZH P 061212Z AUG 08 FM AMEMBASSY ASHGABAT TO RUEHC/SECSTATE WASHDC PRIORITY 1296 INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE PRIORITY RUCNCIS/CIS COLLECTIVE PRIORITY RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUEHAK/AMEMBASSY ANKARA PRIORITY 4126 RUEHBJ/AMEMBASSY BEIJING PRIORITY 1940 RUEHKO/AMEMBASSY TOKYO PRIORITY 1805 RUEHIT/AMCONSUL ISTANBUL PRIORITY 2374 RUCNDT/USMISSION USUN NEW YORK PRIORITY 0846 RHMFISS/CDR USCENTCOM MACDILL AFB FL PRIORITY RUEHVEN/USMISSION USOSCE PRIORITY 2752 RUEAIIA/CIA WASHDC PRIORITY RHEFDIA/DIA WASHDC PRIORITY RHEHNSC/NSC WASHDC PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY RUEKJCS/JOINT STAFF WASHDC PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 ASHGABAT 001026
SENSITIVE
SIPDIS
STATE FOR SCA/CEN; DRL
E.O. 12958: DECL: 08/06/2018
TAGS: PGOV KDEM TX
SUBJECT: TURKMENISTAN: CONSTITUTION REVISION PROCESS
ENTERS FINAL PHASE
REF: ASHGABAT 0963
Classified By: CHARGE SYLVIA REED CURRAN FOR REASONS 1.4 (B) AND (D).
C O N F I D E N T I A L SECTION 01 OF 02 ASHGABAT 001026
SENSITIVE
SIPDIS
STATE FOR SCA/CEN; DRL
E.O. 12958: DECL: 08/06/2018
TAGS: PGOV KDEM TX
SUBJECT: TURKMENISTAN: CONSTITUTION REVISION PROCESS
ENTERS FINAL PHASE
REF: ASHGABAT 0963
Classified By: CHARGE SYLVIA REED CURRAN FOR REASONS 1.4 (B) AND (D).
1. (SBU) SUMMARY: The government's review of proposed
additions or changes to the constitutional draft is nearly
complete, and it appears that almost all stakeholders have
had a chance to make their suggestions. The Constitutional
Commission will receive the final proposed draft before the
end of August, and the final phase of the new constitution's
development will start. Some key articles might be expanded,
such as those relating to private education, a market
economy, human rights, and private ownership, but the public
will not see additions or changes to the draft until a final
Constitution emerges in September. END SUMMARY.
3. (SBU) According to Law Professor Murad Haitov, public
commentary on the draft constitution has consisted of three
elements:
--the commentary of experts and relevant officials that has
appeared in Neytralniy Turkmenistan since the draft's
publication on July 22, as well as the commentary of those
government officials, local legal experts and representatives
of public organizations who participated in two
state-sponsored round tables on July 30 and August 1;
--commentary and suggestions that private citizens sent to
the parliamentary committees; and
--comments and suggestions forwarded to parliament by the
constitutional working groups that were established in every
ministry, agency, and local government entity.
4. (SBU) Haitov said he was aware of some 100 major
proposals that were sent by various ministries. The most
significant proposals focused on court procedures, local
government operations, the operations of local
self-government entities, and proposals related to
strengthening the human rights elements of Section II, on
basic rights of citizens. Articles 9 and 10, on rights of
ownership and state support for a market economy were also
the subjects of numerous proposals.
5. (SBU) Haitov suggested that some revisions were the
result of comments President Berdimuhamedov made during the
July 21 Constitutional Commission meeting, during which he
indicated that particular attention should be given to
portions of the draft text relating to the development of a
market economy (article 10),private education (article 39),
the role and subordination of provincial governors (article
82),and the independence of judges (article 104).
6. (SBU) Haitov's working group, which has been providing
the parliament with collective expert opinions on a range of
legislative topics as well as its assessment of the
constitutional draft, will soon review and assess the
proposals the parliament has received since July 22. His
group is expecting to finish consolidating its comments and
advice and to send on the modified draft to the
Constitutional Commission for approval on or about August 20.
Once the commission has blessed it, the draft will then be
made ready for the mid-September Halk Maslahaty (People's
Council) vote. The revised draft will not likely be
published again between now and its adoption by the Halk
Maslahaty. The Halk Maslahaty is not expected to discuss the
merits of the draft, since its members have already been
participants in the review and revision process.
7. (C) COMMENT: All elements of the government appear to
be keeping to the tight schedule the president mandated for
completion of the constitutional revision process. While
there appears to be domestic input into the draft, there have
ASHGABAT 00001026 002 OF 002
been, to date, no comments by international experts. To
remedy that, UNDP came up with the idea of holding a
roundtable with local embassies and international
organizations (now scheduled for August 11) to get their
views on the draft constitution. The plan then is for the UN
Resident Representative to meet with Institute of Democracy
and Human Rights Director Shirin Akhmedova, who is also a
member of the Constitutional Commission, to "informally"
share those views. Having the UN share views on the draft
constitution with one of the most forward-leaning Turkmen
officials is probably the easiest way to approach the Turkmen
on this. END COMMENT.
CURRAN
SENSITIVE
SIPDIS
STATE FOR SCA/CEN; DRL
E.O. 12958: DECL: 08/06/2018
TAGS: PGOV KDEM TX
SUBJECT: TURKMENISTAN: CONSTITUTION REVISION PROCESS
ENTERS FINAL PHASE
REF: ASHGABAT 0963
Classified By: CHARGE SYLVIA REED CURRAN FOR REASONS 1.4 (B) AND (D).
1. (SBU) SUMMARY: The government's review of proposed
additions or changes to the constitutional draft is nearly
complete, and it appears that almost all stakeholders have
had a chance to make their suggestions. The Constitutional
Commission will receive the final proposed draft before the
end of August, and the final phase of the new constitution's
development will start. Some key articles might be expanded,
such as those relating to private education, a market
economy, human rights, and private ownership, but the public
will not see additions or changes to the draft until a final
Constitution emerges in September. END SUMMARY.
3. (SBU) According to Law Professor Murad Haitov, public
commentary on the draft constitution has consisted of three
elements:
--the commentary of experts and relevant officials that has
appeared in Neytralniy Turkmenistan since the draft's
publication on July 22, as well as the commentary of those
government officials, local legal experts and representatives
of public organizations who participated in two
state-sponsored round tables on July 30 and August 1;
--commentary and suggestions that private citizens sent to
the parliamentary committees; and
--comments and suggestions forwarded to parliament by the
constitutional working groups that were established in every
ministry, agency, and local government entity.
4. (SBU) Haitov said he was aware of some 100 major
proposals that were sent by various ministries. The most
significant proposals focused on court procedures, local
government operations, the operations of local
self-government entities, and proposals related to
strengthening the human rights elements of Section II, on
basic rights of citizens. Articles 9 and 10, on rights of
ownership and state support for a market economy were also
the subjects of numerous proposals.
5. (SBU) Haitov suggested that some revisions were the
result of comments President Berdimuhamedov made during the
July 21 Constitutional Commission meeting, during which he
indicated that particular attention should be given to
portions of the draft text relating to the development of a
market economy (article 10),private education (article 39),
the role and subordination of provincial governors (article
82),and the independence of judges (article 104).
6. (SBU) Haitov's working group, which has been providing
the parliament with collective expert opinions on a range of
legislative topics as well as its assessment of the
constitutional draft, will soon review and assess the
proposals the parliament has received since July 22. His
group is expecting to finish consolidating its comments and
advice and to send on the modified draft to the
Constitutional Commission for approval on or about August 20.
Once the commission has blessed it, the draft will then be
made ready for the mid-September Halk Maslahaty (People's
Council) vote. The revised draft will not likely be
published again between now and its adoption by the Halk
Maslahaty. The Halk Maslahaty is not expected to discuss the
merits of the draft, since its members have already been
participants in the review and revision process.
7. (C) COMMENT: All elements of the government appear to
be keeping to the tight schedule the president mandated for
completion of the constitutional revision process. While
there appears to be domestic input into the draft, there have
ASHGABAT 00001026 002 OF 002
been, to date, no comments by international experts. To
remedy that, UNDP came up with the idea of holding a
roundtable with local embassies and international
organizations (now scheduled for August 11) to get their
views on the draft constitution. The plan then is for the UN
Resident Representative to meet with Institute of Democracy
and Human Rights Director Shirin Akhmedova, who is also a
member of the Constitutional Commission, to "informally"
share those views. Having the UN share views on the draft
constitution with one of the most forward-leaning Turkmen
officials is probably the easiest way to approach the Turkmen
on this. END COMMENT.
CURRAN