TURKMENISTAN: GOVERNMENT FOCUSING ENERGIES ON

C O N F I D E N T I A L SECTION 01 OF 02 ASHGABAT 000591

SIPDIS

STATE FOR SCA/CEN, DRL

E.O. 12958: DECL: 05/08/2018
TAGS: PGOV PHUM KDEM TX
SUBJECT: TURKMENISTAN: GOVERNMENT FOCUSING ENERGIES ON
REVISING THE CONSTITUTION

REF: A. ASHGABAT 0115

B. ASHGABAT 0587

Classified By: CHARGE SYLVIA REED CURRAN FOR REASONS 1.4 (B) AND (D).


1. (C) SUMMARY: A meeting with a Turkmen constitutional
expert provided post with some insight into the process of
constitutional reform that is now underway. All other
legislative reform work has been halted and appropriate human
resources are being focused on developing proposals that will
address the primary issues of ministries, agencies and local
governments. A working group in the parliament is tasked
with consolidating and reviewing all incoming proposals and
will be comparing them against a basic constitutional
framework that was recently constructed. The framework the
parliament has developed may soon be unveiled to the public,
and a conference and roundtable are to follow. The
government seems to have its priorities straight, although it
still seems awkward in its still-fledgling efforts to solicit
public opinion. END SUMMARY.


2. (C) On May 6, PolOff met with law professor and former
Fulbright scholar Murad Haitov (please protect) to talk about
his involvement in the constitutional reform that has just
gotten underway. Haitov described himself as the only
constitutional and parliamentary law expert in Turkmenistan,
due to his academic work on parliamentary and election issues
and his international parliamentary program experience. He
said that early in the spring, he was asked to review and
evaluate the constitutions of countries from all over the
world, including the United States and former Soviet states.


3. (C) Haitov had participated in the parliamentary working
group that revised Turkmenistan's labor code, which was
finished in DeceQ 2007 (Ref. A). When the parliament
began to review it in January, however, parliament officials
discovered that there were several articles that directly
contradicted the current constitution. They realized that
they could not proceed further on legislative reform until
Turkmenistan's constitution was thoroughly revised. (NOTE:
The 1992 constitution was altered four times, with the most
problematic amendments -- including lifetime presidency and
an increased role for the People's Council -- added in 2003.
END NOTE.) All legislative reform work has been halted until
a revised constitution is in hand.


4. (C) To begin this new task, Haitov reviewed sixty-three
constitutions, then chose 40 of the best models for more
careful analysis. Parliament Chairperson Akja Nurberdiyeva
asked him to use his assessment to construct a foundational
"concept" framework for the parliament deputies' use as a
kind of road map for key reforms that will need to be
addressed during the revision process. Haitov said it was
likely that in the next week or two, the state-run newspaper,
"Neytralniy Turkmenistan," will publish a major article that
will outline the fundamental concepts that will frame the new
constitution. Major changes will focus on the role of
democracy, promotion of the rule of law, and enhancing the
capacity of local self government. Interestingly, Haitov
thought it all but certain that the oversized and ineffective
Peoples' Council would be dissolved or converted to a public
organization, once it adopted the new constitution in
September. The parliament's power and size, conversely, will
likely grow.


5. (C) Although the state-controlled press provided
standard information about the presidential constitutional
commission, which is the final approving authority for the
new constitution, there are many more people working on this
issue than is apparent. Haitov said there are four other
types of working groups working on proposals that will be
sent to the parliament. Haitov himself is part of the
parliament working group, which will do the real work in
gathering and evaluating proposals coming from elsewhere, but
will also have proposals of its own. The group will be

ASHGABAT 00000591 002 OF 002


comparing incoming proposals with the concept framework that
Haitov has established. Members of this working group
include parliament deputies and legal and academic experts.


6. (C) Every government ministry has also established a
working group, which will prepare proposals essential to its
own needs and priorities. The Justice Ministry, Prosecutor
General's Office, the Supreme Court, the Institute for
Democracy and Human Rights (IDHR) and the Institute for State
and Law formed a working group that is tasked with developing
proposals that address democracy, judicial, human rights and
other legal protection issues. There are also working groups
in every province and in Ashgabat city, preparing proposals
that address their needs.


7. (C) As part of the government's effort to mark the
eighteenth anniversary of the country's constitution, Haitov
said the parliament accepted his suggestion and will host a
constitutional conference. The diplomatic corps and
international organization representatives will be invited,
and Nurberdiyeva, IDHR Director Akhmedova, and Haitov will be
among those making presentations. Turkmen television will
also be airing discussions on the reforms under
consideration. Also planned for the near term is a
roundtable session of Turkmen and possibly foreign experts
who will discuss the conceptual framework that Haitov
developed.


8. (C) COMMENT: At this point, the government appears to
be focused exclusively on rewriting the constitution, much
needed given the overhaul that national legislation is
getting. With the disappearance of the People's Council -- a
massively expensive, largely rubber-stamp body with more than
2000 members -- the parliament may soon start to behave more
like similar bodies elsewhere in the world. Aside from an
institutional hesitation to involve and inform the public
more regarding the constitution's revision, the parliament
seems to be on the right course to correct the mistakes --
and mistaken revisions -- of the past. END COMMENT.
CURRAN