Identifier
Created
Classification
Origin
08ASHGABAT1398
2008-10-23 12:18:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Ashgabat
Cable title:
TURKMENISTAN: REVISED PARLIAMENTARY ELECTION LAW
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UNCLAS SECTION 01 OF 02 ASHGABAT 001398
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL
E.O. 12958: N/A
TAGS: PGOV PHUM KDEM TX
SUBJECT: TURKMENISTAN: REVISED PARLIAMENTARY ELECTION LAW
REFLECTS INFLUENCES OF INTERNATIONAL ORGANIZATIONS
UNCLAS SECTION 01 OF 02 ASHGABAT 001398
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL
E.O. 12958: N/A
TAGS: PGOV PHUM KDEM TX
SUBJECT: TURKMENISTAN: REVISED PARLIAMENTARY ELECTION LAW
REFLECTS INFLUENCES OF INTERNATIONAL ORGANIZATIONS
1. (U) Sensitive but unclassified. Not for public Internet.
2. (SBU) Turkmenistan's revised Law on Elections of Mejlis
(parliament) Deputies, published without fanfare on October
15, contains a range of changes that will affect the election
process, candidates, potential election observers, the media,
and the operations of election commissions. Many of the
changes are possibly those the UNDP recommended to the
government of Turkmenistan in the course of its electoral
reform project and have been raised by international
observers in the past. Below are the most significant
changes that post noted.
THE ELECTION PROCESS
3. (SBU) Ballots will now only be printed in the Turkmen
language. Previously, ballots were also made available in
the dominant language of a given election district, which
would have required the provision of Uzbek or Russian
language ballots, for example. Polling stations will now be
open at a determined time, and close at a determined time.
Election commissions will not close the polls and start
counting when all names on the district voter list have been
crossed off, as they did in the past. Voters will now mark
on the ballot the candidate they want to vote for, rather
than crossing out those they do not want (i.e., negative
voting has been eliminated).
4. (SBU) The revised law deleted a provision for
invalidating election results if less than half of the
registered voters voted, or if one of two candidates were to
die. There are several new provisions to enable citizens who
have been officially detained and the mentally ill to vote,
to include establishment of polling stations where they are
located. Sentenced prisoners, however, are still prohibited
from voting. There are also new provisions to establish
voting capacities for citizens overseas, with the MFA
overseeing the process.
CANDIDATES
5. (SBU) Language was removed that banned a person from
being a candidate for five years after he has served out a
court sentence. A prospective candidate can now protest the
rejection of his registration at either the Central Election
Commission (CEC) or in court. Previous language giving the
person three days to do this was removed. In runoff
elections, additional candidates can't be introduced. Local
self government organs and public associations no longer
participate in the organization of meetings between
candidates and voters. Executive authorities provide the
premises for candidate meetings. Regional election
commissions, however, will still "render assistance" to
candidates in meeting with voters.
RULES FOR OBSERVERS
6. (SBU) A largely new Article 23 spells out the rights andresponsibilities of observers. The CEC is responsible for
organizing all election observation activity. Anyone can be
a national observer, but his powers still must be certified
by a relevant document, and he must be registered by regional
authorities. International observers must be invited by the
government and be accredited by the CEC. Invitations to
observers can be sent by the president or by the CEC. The
CEC is tasked with sending invitations to the election bodies
of foreign states and international organizations. A foreign
observer's authorization begins only on the day he is
accredited and ends when election results are published.
7. (SBU) To perform his role, a foreign observer must have
three documents provided by the government: the original
invitation, his accreditation, and an official ID he receives
ASHGABAT 00001398 002 OF 002
after accreditation. Foreign observers can meet with
candidates, party representatives, public associations and
other observers to talk about legislation or the preparation
and conduct of the elections. Observers cannot engage in
activities unrelated to the preparation and conduct of the
elections. The CEC can revoke the accreditation of an
observer who violates the rules.
MEDIA ACCESS
8. (SBU) Article 23 also contains language that outlines
the mass media's rights during the election period. It does
not differentiate between international and state-run media.
They can cover election commission meetings, examine election
commission protocols, cover pre-election campaign events,
have access to polling stations, and shoot video. The media,
however, will still likely be dependent on election
commissions for election event and location information.
Elsewhere, in Article 38, election commissions are tasked
with ensuring equal media opportunities for all candidates.
ELECTION COMMISSIONS
9. (SBU) Regional People's Councils no longer have a role
in election activities. Governors and local government
leaders have also lost their potential roles in election
commissions. (NOTE: Recent publication of the provincial
election commission members--formed by the CEC--shows a
deputy governor now heading every commission. END NOTE.)
Provincial election commissions are no longer to be temporary
bodies, but "constantly active" entities. Public
associations or gatherings of citizens or military personnel
can no longer oust a member of an election commission.
(NOTE: It appears that only the CEC can oust commissioners
of subordinate commissions. END NOTE.)
10. (SBU) COMMENT: Overall, the revisions appear to be a
modest step forward in the effort to introduce international
standards. Many of the changes appear to reflect some of the
recommendations that the UN, OSCE and others have shared with
the Turkmen government. That said, there are few changes
that indicate a desire to promote pluralism or greater
transparency in the process. Further, requirements that
ballot or other election information be provided only in the
Turkmen language will have an impact on those citizens, who
are not conversant in Turkmen -- which includes many
non-ethnic Turkmen -- whose interest in the process was
already diminished. END COMMENT.
CURRAN
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL
E.O. 12958: N/A
TAGS: PGOV PHUM KDEM TX
SUBJECT: TURKMENISTAN: REVISED PARLIAMENTARY ELECTION LAW
REFLECTS INFLUENCES OF INTERNATIONAL ORGANIZATIONS
1. (U) Sensitive but unclassified. Not for public Internet.
2. (SBU) Turkmenistan's revised Law on Elections of Mejlis
(parliament) Deputies, published without fanfare on October
15, contains a range of changes that will affect the election
process, candidates, potential election observers, the media,
and the operations of election commissions. Many of the
changes are possibly those the UNDP recommended to the
government of Turkmenistan in the course of its electoral
reform project and have been raised by international
observers in the past. Below are the most significant
changes that post noted.
THE ELECTION PROCESS
3. (SBU) Ballots will now only be printed in the Turkmen
language. Previously, ballots were also made available in
the dominant language of a given election district, which
would have required the provision of Uzbek or Russian
language ballots, for example. Polling stations will now be
open at a determined time, and close at a determined time.
Election commissions will not close the polls and start
counting when all names on the district voter list have been
crossed off, as they did in the past. Voters will now mark
on the ballot the candidate they want to vote for, rather
than crossing out those they do not want (i.e., negative
voting has been eliminated).
4. (SBU) The revised law deleted a provision for
invalidating election results if less than half of the
registered voters voted, or if one of two candidates were to
die. There are several new provisions to enable citizens who
have been officially detained and the mentally ill to vote,
to include establishment of polling stations where they are
located. Sentenced prisoners, however, are still prohibited
from voting. There are also new provisions to establish
voting capacities for citizens overseas, with the MFA
overseeing the process.
CANDIDATES
5. (SBU) Language was removed that banned a person from
being a candidate for five years after he has served out a
court sentence. A prospective candidate can now protest the
rejection of his registration at either the Central Election
Commission (CEC) or in court. Previous language giving the
person three days to do this was removed. In runoff
elections, additional candidates can't be introduced. Local
self government organs and public associations no longer
participate in the organization of meetings between
candidates and voters. Executive authorities provide the
premises for candidate meetings. Regional election
commissions, however, will still "render assistance" to
candidates in meeting with voters.
RULES FOR OBSERVERS
6. (SBU) A largely new Article 23 spells out the rights andresponsibilities of observers. The CEC is responsible for
organizing all election observation activity. Anyone can be
a national observer, but his powers still must be certified
by a relevant document, and he must be registered by regional
authorities. International observers must be invited by the
government and be accredited by the CEC. Invitations to
observers can be sent by the president or by the CEC. The
CEC is tasked with sending invitations to the election bodies
of foreign states and international organizations. A foreign
observer's authorization begins only on the day he is
accredited and ends when election results are published.
7. (SBU) To perform his role, a foreign observer must have
three documents provided by the government: the original
invitation, his accreditation, and an official ID he receives
ASHGABAT 00001398 002 OF 002
after accreditation. Foreign observers can meet with
candidates, party representatives, public associations and
other observers to talk about legislation or the preparation
and conduct of the elections. Observers cannot engage in
activities unrelated to the preparation and conduct of the
elections. The CEC can revoke the accreditation of an
observer who violates the rules.
MEDIA ACCESS
8. (SBU) Article 23 also contains language that outlines
the mass media's rights during the election period. It does
not differentiate between international and state-run media.
They can cover election commission meetings, examine election
commission protocols, cover pre-election campaign events,
have access to polling stations, and shoot video. The media,
however, will still likely be dependent on election
commissions for election event and location information.
Elsewhere, in Article 38, election commissions are tasked
with ensuring equal media opportunities for all candidates.
ELECTION COMMISSIONS
9. (SBU) Regional People's Councils no longer have a role
in election activities. Governors and local government
leaders have also lost their potential roles in election
commissions. (NOTE: Recent publication of the provincial
election commission members--formed by the CEC--shows a
deputy governor now heading every commission. END NOTE.)
Provincial election commissions are no longer to be temporary
bodies, but "constantly active" entities. Public
associations or gatherings of citizens or military personnel
can no longer oust a member of an election commission.
(NOTE: It appears that only the CEC can oust commissioners
of subordinate commissions. END NOTE.)
10. (SBU) COMMENT: Overall, the revisions appear to be a
modest step forward in the effort to introduce international
standards. Many of the changes appear to reflect some of the
recommendations that the UN, OSCE and others have shared with
the Turkmen government. That said, there are few changes
that indicate a desire to promote pluralism or greater
transparency in the process. Further, requirements that
ballot or other election information be provided only in the
Turkmen language will have an impact on those citizens, who
are not conversant in Turkmen -- which includes many
non-ethnic Turkmen -- whose interest in the process was
already diminished. END COMMENT.
CURRAN