TURKMENISTAN: INSTITUTE FOR DEMOCRACY HOLDS CONFERENCE ON

UNCLAS SECTION 01 OF 02 ASHGABAT 000498

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 HOLDS CONFERENCE ON
INTERNATIONAL EXPERIENCE ON NGO LEGISLATION

REF: A. ASHGABAT 0331


B. ASHGABAT 0206

C. ASHGABAT 0099


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


2. (U) SUMMARY: On April 3-4, USAID partner International Center
for Not-for-Profit Law (ICNL) co-organized a seminar on
international legislation governing public organizations with
Turkmenistan's Institute for Democracy and Human Rights (IDHR).
Over two days, international experts from Russia, Kazakhstan,
Azerbaijan, Uzbekistan and the United States discussed international
best practices and international standards in regulating NGOs with
approximately 30 Turkmen government representatives from the
Parliament, Ministries of Justice, Finance, Economic Development,
and Foreign Affairs, the State Tax Inspection agency, the Democratic
Party, and Youth, Women and Labor Unions. According to the
Institute's Director, this was the first time in the history of
Turkmenistan when all relevant Turkmen government agencies
participated in discussions to consider improvement of the legal
environment for public organizations. END SUMMARY.

IDHR DIRECTOR LED ACTIVE PARTICIPATION BY PARTICIPANTS


3. (U) In accordance with plans developed jointly with the
Institute (Reftel B),USAID implementing partner ICNL invited 30
experts from Kazakhstan, Uzbekistan, Azerbaijan, Russia, and the
United States (representing European and global practices) to speak
at a seminar in Ashgabat on the international legislation for public
organizations on April 3-4. Representatives from the Parliament,
Ministries of Justice, Finance, Economic Development, and Foreign
Affairs, the State Tax Inspection agency, the Democratic Party, and
Youth, Women and Labor Unions actively participated on behalf of the
Government of Turkmenistan.


4. (SBU) Displaying the personal interest that she placed in this
subject, Institute Director Shirin Ahmedova participated in the
entire first day of the event, including a formal dinner for
participants that evening. Throughout the various sessions, she
took copious notes and asked perceptive, relevant questions. She
said this was the first time in the history of Turkmenistan when all
relevant Turkmen government agencies participated in discussions to
consider improvement of the legal environment for public
organizations. To ensure contributions from participants who have
not been rewarded for initiative in the past, ICNL's approach to
conducting discussions was designed to stimulate discussion.
Participants were allowed two ways of asking questions: either by
sending anonymous notes or through asking questions directly.
During the first day most questions came via anonymous notes.
During the second day, however, people openly stood up, asked
questions, and even commented on Turkmen legislation. Although the
organizers budgeted 30-60 minutes per topic for discussions, most
sessions had to be curtailed by the moderator to remain on schedule.
In contrast to past events, where it was obvious that participants'
attendance was obligatory, government officials present showed
genuine interest in the themes and asked many thoughtful questions
on their own initiative.

THIRST FOR KNOWLEDGE ABOUT INTERNATIONAL EXPERIENCE


5. (U) During the coffee, lunch, and dinner breaks, participants
came up to ICNL experts and asked additional questions regarding the
situation in other countries and thanked ICNL the information that
was shared. In separate encounters, representatives of the
Parliament, the Ministry of Economics, and State Tax Inspection
specifically expressed the hope that they would be able to continue
cooperation with ICNL in the future.


6. (U) In addition to a 220-page package of materials and three
books that were distributed to all participants at the event's
opening, ICNL distributed copies of four more research papers that
participants requested during the seminar:

ASHGABAT 00000498 002 OF 002


-- On the Legal Status of Information Associations in Europe;
-- On the Regulation of Government Reporting Requirements and Audits
of NGOs in Europe and United States;
-- On Implementing Laws pertaining to Kazakh Government's Support of
NGOs; and
-- On the Status of Charitable Organizations.

INSTITUTE CHANGES APPROACH TO DISCUSSING LOCAL CONTEXT


7. (SBU) Throughout the process of preparing for the seminar, IDHR
staff had requested that ICNL not address directly the situation
related to NGOs in Turkmenistan. In keeping with President
Berdimuhamedov's support for international experience, however, ICNL
addressed the issues that are most pressing in Turkmenistan through
the experience of other countries. For example, a presentation on
the prohibition against, and administrative liability for,
participating in informal associations in Kazakhstan and Uzbekistan
allowed ICNL to present arguments why such a prohibition is harmful
to the government and civil society. This presentation elicited a
strong reaction from participants. IDHR Director Ahmedova candidly
admitted that the same situation exists in Turkmenistan and needs to
be resolved.


8. (SBU) At the end of the seminar's second day, Ahmedova requested
that ICNL prepare an analysis of Turkmen legislation relating to
Public Association and recommendations for improving it.
Fortunately, ICNL had already prepared such an analysis in draft
form, and was prepared to share it with the Institute the day after
the seminar.

FOLLOW-UP TO SEMINAR


10. (U) As immediate follow-up to the seminar, ICNL agreed to
provide IDHR the following materials, by the end of April, in
Russian in response to the Institute's request:
-- Two articles for publication in the journal produced by IDHR (One
on "The Role of NGOs in Society and Economics"; and one on "Problems
with Reporting Requirements for NGOs"). IDHR also welcomed other
articles from ICNL for its journal;
-- A collection of 10-15 laws on public associations from Europe and
NIS;
-- Laws or directives on State Procurement from Kyrgyzstan, Russia,
and the European Union;
-- Research on State's Policies Supporting Youth; and
-- A draft of the Tajik concept on Juvenile Justice (currently
pending in the Tajik parliament).


10. (U) ICNL also agreed to prepare a letter inviting one
representative of IDHR and one representative of the Ministry of
Education to participate in ICNL's international conference On
Teaching NGO Law Courses in Law Schools and Universities, which will
take place in Kiev during the last week in June. Professors and law
school teachers from 15 European and NIS countries will explain
their experiences on teaching NGO law courses and learn how to start
such courses. The NGO law course is an effective way to educate and
engage lawyers and future government officials in supporting NGOs.
(NOTE: In Central Asia, there are currently six such courses in
Kazakhstan, four in Kyrgyzstan, and three in Tajikistan. END NOTE.)



11. (U) COMMENT: This event was a considerable step forward for
the promotion of international standards on NGO legislation. The
degree of discussion and active participation by government
officials shows a refreshing degree of openness and willingness to
learn from international experience. END COMMENT.

HOAGLAND