TURKMENISTAN: UN RELIGIOUS FREEDOMS SPECIAL

C O N F I D E N T I A L SECTION 01 OF 02 ASHGABAT 001197 SIPDIS STATE FOR SCA/CEN, DRL AID/W FOR EE/EA E.O. 12958: DECL: 09/10/2018 TAGS: PGOV PHUM PREL EAID SOCI KIRF TX SUBJECT: TURKMENISTAN: UN RELIGIOUS FREEDOMS SPECIAL RAPPORTEUR SEES IMPROVEMENTS Classified By: Charge Sylvia Reed Curran: Reasons 1.4(b) and (d) ¶1. (C) SUMMARY: At the conclusion of her week-long mission to Turkmenistan, the UN Special Rapporteur on Freedom of Religion or Belief told Charge that she has seen major improvements since 2007 in the country's attitude towards religious freedoms, but is still very concerned about the treatment of the Jehovah's Witnesses. She also cited problems with both the interpretation and application of the 2003 Law on Freedom of Conscience and Religious Organizations. She plans to recommend a reorientation of the Council on Religious Affairs, which was intended to serve as an independent advisory body on religious issues, and for the Council to be inclusive of all religions. She also believes that the Turkmenistan government needs to distinguish between the notion of a group's unregistered status and any activities (e.g. holding a raffle) that the authorities may consider illegal. In other words, a group's ability to be registered should be entirely separate from the actual conduct of the group itself. At a press conference later in the day, she reiterated many of the same concerns, with emphasis on problems with registration, specific legislation, and the role of the Council on Religious Affairs. She said that legislation on matters of religion should "focus on rights, not restrictions." END SUMMARY. ¶2. (C) In a September 10 meeting with Charge, Asma Jahangir, the UN Special Rapporteur on Freedom of Religion or Belief gave a read-out of her just concluded mission to Turkmenistan. She described the attitude of the Turkmenistan government in sessions with the President, several ministries, parliamentarians and members of the judiciary as "very cooperative." Her mission also included visits to the provinces of Balkan, Mary, and Lebap, where she and her delegation met with mayors and governors. She said that they had met with representatives of all religious groups, both registered and unregistered, and thanked the Charge for the Embassy's assistance in providing them with contact information for NGOs and minority religious groups around the country. ¶3. (C) The Special Rapporteur said that she had met with civil society groups, who "spoke up" on the subject of religion, as well as with one journalist and a lawyer. She noted, however, that in Turkmenistan, there is no bar association, and there appeared to be "no such thing as an independent lawyer." ¶4. (C) When asked about her overall impressions of the state of religious freedom in Turkmenistan, the Jahangir responded that she had come to understand that "Turkmenistan is a country with a history, with borders, and (for historical reasons) with an inherent fear of religion." She said that the situation has improved in the last two years, although an atmosphere of "control" continues to prevail in the country. She said that there was still confusion about the role and purview of the Council on Religious Affairs, intended as a body to facilitate the work of religious groups. Turkmenistan officials repeatedly lectured her about the unique nature of Turkmenistan. AN "ABSOLUTE BIAS" AGAINST THE JEHOVAH'S WITNESSES ¶5. (C) The Special Rapporteur said that the Turkmenistan government treatment of the Jehovah's Witnesses was her biggest cause of concern, and offered that the group's aversion both to military service and participation in government as well as active proselytizing were at the root of the problem. She also attributed it to the fact that as Turkmenistan finally "got back" its Muslim heritage after it was repressed for decades by the Soviets, it was natural that they would be skittish about a new group. She said that, particularly in the provinces, the authorities see the group as a threat. Jahangir said that she truly hopes that a ASHGABAT 00001197 002 OF 002 solution will be found. She noted that the attitude of the authorities towards religious activity was very different (i.e. much more negative) outside of Ashgabat. CONFUSION ABOUT THE LAW ON RELIGION ¶6. (C) Jahangir said that everyone, even Turkmen authorities, seemed confused about how to interpret the 2003 Law on Religion, and what the law says regarding who may hold a religious meeting, and whether unregistered religious groups may actually function. She plans to recommend a reorientation of the Council on Religious Affairs, which was intended to serve as an independent advisory body on religious affairs, and for the Council to be inclusive of all religions. She also believes that the Turkmenistan government needs to distinguish between the notion of a group's unregistered status and any activities (e.g. holding a raffle) that the authorities may consider illegal. In other words, a group's ability to be registered should be entirely separate from the actual conduct of the group itself. Jahangir has received conflicting accounts from both the Ministry of Justice and the Council on Religious Affairs regarding how many applications for registration have been received. WHAT IS THE POINT OF THIS LEGISLATION? ¶7. (C) Jahangir was optimistic that the Turkmenistan government will be receptive to her recommendations. She had had good meetings and good interactions with them at all levels. She said that she has told the authorities that it is ultimately better to register groups. She expects there will be reforms to the law on religion, although she is not certain to what extent. In the same vein, she thanked the Embassy for the analysis of the law that had been provided to the authorities. (NOTE: USAID implementing partner ICNL provided comments to the current Law on Religion. END NOTE.) She said she had warned the Turkmenistan government that "overlegislation is a spoiler", and that it ultimately becomes a "cause celebre" for extremists, as has been the case in other countries. PRESS CONFERENCE ¶8. (C) Jahangir's mission concluded with a press conference attended by about 12 local journalists. Afterwards, the UN distributed copies of her statement. During the session, she emphasized her concerns about the registration of religious communities, specific legislation and the role of the Council on Religious Affairs. She also noted official restrictions on religious materials, places of worship, and the absence of alternative civilian service. Finally, she underscored the importance of an independent judiciary, which is "vital for the application of any specific legislation on religious issues." She said that legislation on matters of religion should "focus on rights, not restrictions." ¶9. (C) COMMENT: Both in her meeting with the Charge and in her press statement later, the Special Rapporteur appeared highly optimistic about the prospect of further improvements regarding religious freedom. We see the government's receptiveness and willingness to cooperate with the Special Rapporteur as a positive sign, despite the many problems that still exist in this area. END COMMENT. CURRAN