TURKMENISTAN: INSTITUTE FOR DEMOCRACY AND HUMAN RIGHTS

UNCLAS SECTION 01 OF 03 ASHGABAT 000206

SIPDIS

SIPDIS

SENSITIVE

STATE FOR SCA/CEN, SCA/PPD, EUR/ACE, DRL
AID/W FOR EE/EA

E.O. 12958: N/A
TAGS: PGOV PREL PHUM EAID KDEM TX
SUBJECT: TURKMENISTAN: INSTITUTE FOR DEMOCRACY AND HUMAN RIGHTS
ACCEPTS USAID PROPOSALS FOR COOPERATION

REF: A. ASHGABAT 0099


B. 07 ASHGABAT 1130

C. 07 ASHGABAT 1346

D. 07 ASHGABAT 1391


1. (U) Sensitive but unclassified. Not for public Internet.


2. (SBU) SUMMARY: On February 7, USAID Country Representative met
with the Director of the Institute for Democracy and Human Rights to
discuss areas of potential cooperation outlined in the letter
received from the Ministry of Foreign Affairs (MFA) January 16.
During the meeting, the Institute's director identified a joint
international conference on NGO legislation as its priority and
proposed the first week of April as a potential date. She also
welcomed technical assistance to professionalize the commission
established by President Berdimuhamedov shortly after his
inauguration to review citizen's complaints against law-enforcement
bodies. In addition, she asked for assistance on developing a
database of legislation that would be accessible to citizens through
an Information Resource Center to be set up at the Institute,
support to revise the juvenile justice system, training for
Institute staff on legal awareness and computer skills, and possible
study tours to introduce international experience to government
officials. Most of the proposals are in line with USAID's existing
programs, and the director agreed that USAID's partners could carry
out working-level discussions to address these opportunities as a
next step. END SUMMARY.


3. (SBU) USAID Country Representative met with the Director of the
Institute for Democracy and Human Rights Shirin Ahmedova and
Department Head Shemshat Atayeva on February 7 to discuss areas of
potential cooperation that were specified in the official letter
received from the Ministry of Foreign Affairs (MFA) on January 16
(Ref. A). Ahmedova said she had called Foreign Minister Meredov and
explained that she wanted this to be a working meeting, without the
formalities of MFA participation. (COMMENT: Atayeva arranged the
meeting directly with a USAID FSN, without the involvement of the
MFA, and no notetakers from the MFA were present. This underscores
Ahmedova's ability to maneuver through and around internal
protocols. END COMMENT.) Skipping the customary formalities,
Ahmedova proceeded directly to the possible areas of cooperation.

INTERNATIONAL CONFERENCE ON NGO LEGISLATION


4. (SBU) As background, Ahmedova explained that the Institute's
objective is to support President Berdimuhamedov's initiative to
bring Turkmenistan's laws up to international standards. The
Institute has already submitted numerous recommendations to the
commission reviewing legislation, and identified the laws on civic
organizations and religious organizations as current priorities. To
this end, she wants to organize conferences focused on these two
laws. (NOTE: ICNL already proposed to jointly organize such an
event after an October 2007 meeting (Ref. C). END NOTE.) The
conference's goal should not be to criticize existing legislation,
but to provide information and generate constructive feedback that
could be channeled to the government through the commission.


5. (SBU) Based on the Institute's current schedule, the event could
be planned for the first week of April 2008. The proposed event
would be connected to two concepts: the ongoing process of legal
reforms in Turkmenistan, and the 60th anniversary of the Universal
Declaration on Human Rights. She proposed the following agenda:
-- Day 1: Focus on international standards for laws related to
civic organizations;
-- Day 2: Focus on positive examples of countries with such
legislation (NOTE: Ahmedova identified Kazakhstan, Moldova, and the
Baltic countries as possible examples, but acknowledged other
possibilities. END NOTE),with presentations by government
representatives from these countries; and
-- Day 3: Focus on development of new legislation in Turkmenistan.

Each presentation should be followed by moderated discussions. The

ASHGABAT 00000206 002 OF 003


expected output from the conference would be recommendations for a
new law that could be submitted to the commission.


6. (SBU) Ahmedova proposed that the co-organizers be MFA, IDHR and
USAID. The participants should include representatives of the
Mejlis (Parliament),MFA, Ministry of Justice, the Democratic Party,
and major civic organizations. To broaden the exposure of this
event, she proposed inviting participants from each province. She
promised to organize significant mass-media coverage for the event,
and offered to cost-share meal expenses for any provincial
participants.

REFORMING THE CITIZEN'S COMPLAINT COMMISSION


7. (SBU) Ahmedova said that the commission, which was set up by
President Berdimuhamedov shortly after his inauguration, had already
received over 1,500 complaints so far. The commission is tasked
with responding to all complaints it receives. She pointed out the
need for a system that will allow the commission to summarize and
analyze the complaints, and wants to make it more professional,
effective and responsive to the population. To this end, she
welcomed support from an international expert that could help to
upgrade this structure into a real professional operation. USAID's
local governance programs have not specifically supported the
development of this type of body, but have generally addressed
improved information flows between citizens and local governments.
USAID will consider possible ways to support this request, and as a
first step will provide a summary of its local government activities
undertaken in other countries. In addition, USAID will arrange a
meeting with the Institute for its local government specialist, who
will be on TDY in Ashgabat from February 11-15, to discuss these
programs in greater detail.

IMPORTANCE OF INCREASING LEGAL AWARENESS


8. (SBU) Akhmedova repeated her earlier stated interest in
developing a database of legislation in the Russian language as part
of the Institute's plans to develop an Information Resource Center
on its own base (Ref. B). Ahmedova was pleased to hear that ABA
already has such a database, and asked to receive a copy for review.
Stating that she wants the planned Information Resource Center to
do more than just hand out information, she suggested that they
would be receptive to USAID training two staff members, who then
would provide services to clients.


9. (SBU) Ahmedova requested USAID's support in publishing legal
information and distributing these materials. USAID Representative
said that ABA was already doing this type of work through its legal
clinics under the Community Empowerment Project, and offered to
share training materials for her review. Although the Institute's
mandate focused more on increasing awareness among government
officials, she agreed that the modules used to train ABA's lawyers
might be modified for future joint training sessions for these
officials.

INTEREST IN REFORMING THE JUVENILE JUSTICE SYSTEM


10. (SBU) The government currently is looking at proposals for
reforming specific laws, such as the Criminal Procedures Code and
Defense of Rights of Children to bring them into conformity with
international standards. (NOTE: Ongoing donor input to reforming
the Criminal Procedures Code was corroborated in a February 7 phone
call to USAID Country Representative from German legal expert Dr.
Rolf Knieper, who advised that the German technical agency GTZ had
signed a Memorandum of Understanding recently with the Institute.
Under this MOU, GTZ will provide commentary on the Criminal
Procedure Code and was requested to work on the Civil Procedures and
Family Codes. END NOTE.) As part of this process, she would also
like to reform the juvenile justice system to decriminalize certain
penalties for youth aged 14-16. Using the example of fourteen
year-old kids being jailed for stealing a car, she said this was
"not like committing murder." Although UNICEF provided examples of

ASHGABAT 00000206 003 OF 003


laws on juvenile justice, she would also like to learn more about
how such penalties were actually administered in other countries
(i.e., sentencing, processing, etc.). She suggested that an
exchange/study tour for representatives from the Ministry of
Justice, Mejlis (Parliament) and the Institute would be welcomed.

COMPUTER TRAINING ALSO NEEDED


11. (SBU) Noting the importance of upgrading the computer skills of
the Institute's staff, Ahmedova welcomed two-day basic computer
skills training to be provided by USAID's partner IREX through the
Internet Access and Training Program. She said that such training
should be done at the Institute rather than an outside location, and
that training should begin with department heads first. In a candid
acknowledgement laced with a hint of frustration, Ahmedova
acknowledged that Institute currently does not have access to the
Internet at all -- not even via TurkmenTelecom. (NOTE: In past
meetings, Ahmedova has told USAID that she was trying to obtain
high-speed internet access through the EU/NATO/Supreme Council for
Science and Technology's Virtual Silk Highway project, but never
acknowledged that the Institute has no access at all. END NOTE.)
She said that Dr. Hanno Schaumburg, the German project director for
the Virtual Silk Highway, had previously offered to connect the
Institute, but she expressed hope that this issue might be resolved
during his next visit in March 2008.

DESIRE TO INCREASE WORKING CONTACTS


12. (SBU) Many of Ahmedova's ideas for reforms are broadly
consistent with a number of USAID's existing programs, but the
Institute had limited knowledge about them since cooperation with
this entity was difficult under President Niyazov. Ahmedova agreed
that increased contacts was a positive way to improve working
relations, and agreed to consider the suggestion to form "working
groups" composed of USAID and its implementing partners.


13. (SBU) COMMENT: This was a positive, productive working meeting
that highlighted Ahmedova's business-like approach to cooperation.
In spite of her extensive work load, she was well-briefed and
expressed a clear vision for joint activities. That she was able to
"call Meredov" and organize a direct meeting with USAID without MFA
participation highlights her access and comfort in dealing with
other top government officials. Furthermore, her desire to reform
the citizen's complaint commission was a welcome surprise that
demonstrated her ability to think more broadly without being
directed. She must be the prototype government official that
President Berdimuhamedov has in mind when he criticizes others for
failing to act without being led by the hand. This sure ain't
Niyazov's Turkmenistan anymore! END COMMENT.

HOAGLAND