TURKMENISTAN: INSTITUTE FOR DEMOCRACY SEES ICNL AND USAID

UNCLAS SECTION 01 OF 02 ASHGABAT 000499

SIPDIS

SIPDIS

SENSITIVE

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

E.O. 12958: N/A
TAGS: PGOV PREL PHUM EAID KDEM KIRF TX
SUBJECT: TURKMENISTAN: INSTITUTE FOR DEMOCRACY SEES ICNL AND USAID
AS VALUABLE PARTNERS

REF: A. ASHGABAT 0331


B. ASHGABAT 0206

C. ASHGABAT 0099


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


2. (SBU) SUMMARY: Following an April 4 conference on NGO
legislation jointly hosted by the International Center for
Not-for-profit-Law (ICNL) and Turkmenistan's Institute for Democracy
and Human Rights (IDHR),the Institute's director and USAID/ICNL
agreed on a detailed program of activities for the next year,
including similar activities related to Turkmenistan's Law on
Religion, a study-tour to Hungary to see European and international
best practices on the Regulation of NGOs, follow-up activities to
suggest specific legislative revisions based on observations from
study-tours, and the provision of a considerable quantity of legal
materials for the Institute's review and/or publication in its
journals. ICNL and IDHR agreed on a timetable for review of the Law
on Religion, with USAID formally submitting recommendations to IDHR
and MFA in June. Although it appears that the IDHR's director has a
great deal of latitude, the challenge ahead will be to move from
receiving information on international experience to developing laws
that reflect such standards. END SUMMARY.

AGRRESSIVE PLANS FOR NEXT YEAR PROPOSED AFTER SEMINAR


3. (SBU) On April 5, following an April 4 conference jointly hosted
by International Center for Not-for-profit-Law and Turkmenistan's
Institute for Democracy and Human Rights, Institute Director Shirin
Ahmedova invited ICNL's visiting Senior Vice-President, Natalia
Bourjaily, to discuss follow-up activities and new ideas for
expanded cooperation. As a first step, ICNL agreed to share
informally with IDHR the draft of the Analysis and Recommendations
on Turkmen legislation relating to public associations. Ahmedova
agreed that IDHR will review the draft and provide recommendations
on how to present the analysis in a formal manner by the end of May.
In June, after incorporating IDHR's recommendations, ICNL will
formally submit these recommendations to IDHR via USAID and the
Ministry of Foreign Affairs (MFA),jointly with a proposal to
conduct a two-day workshop in November with participation of members
of the Inter-Ministerial Commission in Charge of Bringing Turkmen
Legislation in Compliance with International Standards.

IDHR READY TO FOCUS ON LAW ON RELIGION


4. (U) The IDHR also requested ICNL's analysis of the existing Law
on Religious Organizations and provided ICNL with the electronic
version. (NOTE: This had already been proposed to IDHR by USAID in
a formal letter on March 17. END NOTE). As a first step, ICNL
agreed to translate the law into English and then recruit a leading
international expert in legislation for religious organizations, Dr.
Cole Durham, to provide recommendations. ICNL anticipates the
analysis will be prepared by July, after which a draft version will
be shared informally with IDHR for comments. In late summer 2008,
after incorporating IDHR's recommendations, ICNL will formally
submit its analysis to the Institute via USAID and the MFA. Subject
to funding availability and desire from the host government, ICNL
could include a presentation and discussion of the analysis of this
law into the agenda of the proposed November workshop.

INTERNATIONAL EXPERTS TO SERVE AS CONSULTANTS


5. (U) Ahmedova proposed -- for the first time ever --
international experts could be invited to participate in the
Commission's meetings as consultants. She also suggested that
participants of the Inter-Ministerial Commission in Charge of
Bringing Turkmen Legislation into Compliance with the International
Standards will request that USAID and ICNL organize a study tour on
European and international best practices of regulation of NGOs
during the November workshop. With IDHR's support, ICNL would then
draft a letter to the MFA proposing a study tour during the last
week of January 2009. Ahmedova suggested 10 government

ASHGABAT 00000499 002 OF 002


representatives (NOTE: Two each from IDHR, parliament, and
Ministries of Justice, Foreign Affairs, and Economic Development.
END NOTE.) be included in the trip to Hungary, as proposed by ICNL.
ICNL's European affiliate, ECNL, will organize and host the tour.



6. (U) Following the study tour, in the last week of March 2009,
participants of the study tour, many of whom are expected to be
members of the Inter-Ministerial Commission, will organize a
roundtable to present their findings from the study tour and suggest
specific legislative initiatives for Turkmenistan. An illustrative
list of such initiatives includes revisions to the law on Public
Associations, revisions to the Tax Code, recommendations on
improving registration procedures of Public Associations and Foreign
NGOs, legislation promoting charities, and establishing procedures
to allow foundations. Contingent on funding, ICNL is prepared to
assist with specific legislative initiatives that result.


7. (SBU) COMMENT: The Institute has fully embraced USAID and ICNL
as a valued partner. And, based on the MFA's attitude toward ICNL,
as evidenced by its permitting ICNL's representatives to meet
unsupervised on April 5 with the Institute's director, it appears
that the MFA (and, thus, the Ministry of National Security) has also
given its blessing to this relationship. Together with the
Institute, USAID/ICNL has laid out ambitious plans for cooperation
over the next year. Although it seems that she has such latitude,
the challenge ahead for the Institute's director will be to move
from receiving information on international experience to developing
laws that reflect such standards. Based on its position of
increasing trust, USAID/ICNL is well-positioned to support the
Institute's courageous director in her quest. END COMMENT.

HOAGLAND